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Terms of Service

Last Updated and Effective as of February 1, 2024
Please read these Terms of Service carefully before you use or purchase anything from https://www.mountainvalleyfarm.org/ (the “Site). This Site is owned and operated by Mountain Valley Farm (“Mountain Valley Farm”, “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Site. 
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, 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 just viewing the Site and those who purchase from the Site. If you do not wish to accept these Terms of Service, you should not order any products through our Site.


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


Please also review our Privacy Policy, Return Policy and Shipping Policy, which are incorporated by reference into these Terms of Service. If you have any questions about any of these Terms of Service, please contact us at Info@Mountainvalleyfarm.com before using this Site.


We reserve our right to change, modify or update these Terms of Service at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms of Service located at the top of this page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Site and its contents, products, and services thereafter. By continuing to use the Site after we post any such changes, you accept and agree to be bound by the Terms of Service as modified, so please check these Terms of Service from time to time to be aware of any modifications.


SECTION 1 – TERMS OF SALE
Pricing and Availability

We reserve the right to change the prices posted on this Site as we may determine in our sole discretion at any time. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. All prices posted on the Site are shown in U.S. dollars and do not include applicable taxes or shipping and handling. Taxes and shipping and handling will be added to your order total at checkout and will be itemized in your shopping cart and in your order confirmation email. 


All orders of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products, and to substitute products without prior notice. 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 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.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.


We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Mountain Valley Farm shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged. If your credit card or debit card has already been charged for the purchase and your order is canceled, Mountain Valley Farm will promptly issue a credit to your credit card or debit card account in the amount of the charge.


Shipping and Taxes
Please see our Shipping Policy for further details. 
At this time, we only ship within the United States (including Alaska, Hawaii, Puerto Rico and the Virgin Islands). 


We will arrange for shipment of the products to you. You will pay all shipping charges specified during the ordering process.


Product is shipped FOB Shipping Point/FOB Origin. That is, you the buyer pay shipping costs and take responsibility for products when they leave the Mountain Valley Farm shipping point. Separate charges for shipping will be shown on the checkout page.


We reserve the right to increase, decrease, add, or eliminate shipping charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. 
We are not responsible for the validation of the address provided at checkout; you are responsible for ensuring that you have provided the correct delivery address. We will not provide a refund or replacement order for address errors provided at checkout.


Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


We will collect applicable sales tax on all products shipped if we have a nexus with a state that collects sales tax. We are currently located within the State of Tennessee, and will collect sales tax on sales of items to addresses in Tennessee. If an item is subject to sales tax, sales tax is calculated based upon local sales tax and listed at checkout. You are responsible for sales taxes associated with your order.


Payment and Billing Information
By providing a credit card or other payment method that we accept on this Site, you represent and warrant that you are the valid owner or an authorized user of the designated payment method and that you authorize us and our third-party payment processor to charge your payment method for the amount of your order (including any applicable taxes, shipping and other charges). You also warrant that the payment information you provide is true, correct, and complete and that charges incurred by you will be honored by your credit card company.


You agree to provide current, complete, and accurate purchase and account information for all purchases made from our Site. 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.


You agree to purchase products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes. You agree to only purchase products for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.


Payment is due prior to shipment of products.  At checkout, you will be required to provide your payment and shipping information.  A receipt will be emailed to the email address you provide during your checkout process.


If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.


SECTION 2 – RETURNS AND REFUNDS
Please see our Return Policy for complete details. 
Returns are only accepted for items purchased on this Site in accordance with the Return Policy. 


SECTION 3 – NO RESALE 
Resale of Mountain Valley Farm products is strictly prohibited. You are not permitted to resell or otherwise use the products for commercial purposes. The products made available on the Site are intended for personal use only. 


SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
This Site includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics.  When you access the Site or access or purchase any of our products, Mountain Valley Farm is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owners of Mountain Valley Farm that you may do so. 


This means that when you access the Site or any contents on or available through the Site, you agree that you will only use them for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Site for any commercial purposes or any other purpose without express written permission from Mountain Valley Farm. Any reproduction or unauthorized use of any materials found on this Site shall constitute infringement and theft and could result in criminal or civil penalties.


You agree and understand that you do NOT acquire any ownership rights in the Site content by your use of the Site or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Mountain Valley Farm or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Site or any of its contents or our products such as the copyright notice © or trademark notice such as TM or ®. 


Any trademarks, taglines, and logos displayed on the Site, including the Mountain Valley FarmTM mark, are trademarks belonging to Mountain Valley Farm. Any trademarks reproduced on this Site, which are not the property of, or are licensed to Mountain Valley Farm, are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Mountain Valley Farm’ express written consent.


SECTION 5 - NO UNLAWFUL OR PROHIBITED USE OR CONDUCT
You agree that you will not use the Site in any way that causes or is likely to cause the Site or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site. 
As a condition of your use of the Site and its contents, you agree to use the Site and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Site its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms of Service. You agree that you will NOT use and understand that you are strictly forbidden from using the Site or its contents in any of the following ways: 
•    In any manner that could damage, disable, overburden, or impair the Site or its contents or interfere with any other party’s use and enjoyment of the Site, its contents;
•    To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose; 
•    To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
•    To send, negatively impact, or infect our Site or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
•    To reproduce, duplicate, copy or resell any part of our Site or its contents in a way that is not in compliance with these Terms of Service; 
•    To systematically or automatically collect data from this Site.
Mountain Valley Farm may, without notice, refuse access to the Site, in whole or part, to any person that fails to comply with these Terms of Service.


SECTION 6 - REVIEWS AND OTHER SUBMISSIONS
If you submit a review of any of our products, you agree that we may, at any time, without restriction, reproduce, modify, adapt, publish, translate, and distribute such review and otherwise use it in any medium through the world.  You grant us and our sub-licensees the right to use the review you submit in connection with such content if we so choose.  


SECTION 7 - PERSONAL INFORMATION
Your submission of personal information through the store, for example when purchasing a product, is governed by our Privacy Policy. 


SECTION 8 – ELECTRONIC COMMUNICATIONS
We would be pleased to communicate with you electronically, and there may be various places on this Site that provide you the ability to send an electronic communication to Mountain Valley Farm. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court or other legal order.


SECTION 9 - LINKS TO THIRD-PARTY WEBSITES, SERVICES OR SOCIAL MEDIA 
The Site may contain links to third-party or social media sites (“Linked Websites”). The Linked Websites are not under the control of Mountain Valley Farm, and Mountain Valley Farm is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While Mountain Valley Farm only provides Linked Websites that it believes in and trusts, the inclusion of any link does not imply endorsement by Mountain Valley Farm of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although Mountain Valley Farm may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Mountain Valley Farm has no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Site is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. 


SECTION 10 - DISCLAIMERS; NO WARRANTIES
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, AND USE OF THE PRODUCTS YOU RECEIVE FROM US. 
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER INFORMATION YOU VIEW ON THE SITE, INCLUDING COLOR AND PRICING INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF ANY IMAGES OR INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, AND VARIABILITY OF MATERIALS USED TO MAKE THE PRODUCTS.
ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN VALLEY FARM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT AND PRODUCTS.
MOUNTAIN VALLEY FARM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR SITE AND ITS CONTENTS FOR ANY PURPOSE. 
MOUNTAIN VALLEY FARM MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS SITE, ITS CONTENTS, ITS PRODUCTS, OR ITS SERVICES. FURTHERMORE, MOUNTAIN VALLEY FARM MAKES NO WARRANTIES THAT THE SITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITE (OR ANY FEATURES OR FUNCTIONALITY OF THE SITE) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. 
WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY. YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE TAKING ANY HERBAL PRODUCT IF YOU ARE PREGNANT, BREASTFEEDING, TAKE ANY PRESCRIPTION MEDICATIONS OR ARE PRONE TO ALLERGIC REACTIONS. 
WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION YOU MAY HAVE FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS SOLD ON THIS SITE.  PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED, DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
SECTION 11 - LIMITATION OF LIABILITY; RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL MOUNTAIN VALLEY FARM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY PRODUCT PURCHASED FROM THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF MOUNTAIN VALLEY FARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM MOUNTAIN VALLEY FARM, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MOUNTAIN VALLEY FARM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATION SHALL CONSTITUTE THE SOLE LIABILITY AND OBLIGATION OF MOUNTAIN VALLEY FARM, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE MOUNTAIN VALLEY FARM, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MOUNTAIN VALLEY FARM, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.


Section 12 - Jurisdiction/Governing Law
This Site is controlled by Mountain Valley Farm from its offices within the State of Tennessee, United States of America. These terms of use shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law.  You and Mountain Valley Farm irrevocably consent to the exclusive jurisdiction of the courts located in Tennessee in connection with any action arising out of or related to these Terms of Service or any products purchased from this Site. You and Mountain Valley Farm waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.  


Section 13 - International Users
The Site is controlled, operated, and administered by Mountain Valley Farm from our offices Tennessee in the United States. Mountain Valley Farm does not represent that the materials and products on this Site are appropriate or available for use in other locations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Mountain Valley Farm currently does not ship products outside of the United States.


Section 14 - Affiliate Disclosure Policy
Mountain Valley Farm believes in honesty. If we link to or offer any other content, products, or services for which we are an affiliate or receive a commission, we will provide an applicable disclosure near such link or offer content as required by and in compliance with the FTC guidelines.
An affiliate link is a link that uses a special tracking code or coupon that is unique to our company, so that we may make a small commission on the sale of an item you purchase. The price is the same to you; however, in some cases we may provide a link with a discount code for an item.


As a policy, Mountain Valley Farm will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. 


While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Site, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Site but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Mountain Valley Farm by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.


Contact Us
If you have any questions about these Terms of Service or our products, please contact us at Info@Mountainvalleyfarm.com.

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