Updated on August 12, 2020
Acceptance of Terms through use
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Fraser Hill Farm, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Fraser Hill Farm products and services (such as data sheets and similar materials) purposely made available by Fraser Hill Farm for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Fraser Hill Farm, and you acknowledge that Fraser Hill Farm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Fraser Hill Farm or any association with its operators. No rights to use or copy the information on the third party site are granted or implied.
User's Grant of Limited License
By posting or submitting content to this site, you grant Fraser Hill Farm and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Fraser Hill Farm will not infringe or violate the rights of any third party.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Fraser Hill Farm reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fraser Hill Farm server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fraser Hill Farm, including any Fraser Hill Farm account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fraser Hill Farm’s systems or networks, or any systems or networks connected to the Site or to Fraser Hill Farm.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fraser Hill Farm on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Fraser Hill Farm’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Fraser Hill Farm may make changes to any products offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Fraser Hill Farm makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Fraser Hill Farm ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Fraser Hill Farm immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Fraser Hill Farm or any other user of or visitor to the Site due to someone else using your Fraser Hill Farm ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Fraser Hill Farm ID, password or account at any time without the express permission and consent of the holder of that Fraser Hill Farm ID, password or account. Fraser Hill Farm cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
Methods of Payment, Credit Card Terms and Taxes
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fraser Hill Farm reserves the right at any time after receipt of your order to accept or decline your order for any reason. Fraser Hill Farm further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Fraser Hill Farm upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order. Fraser Hill Farm is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind for commercial resale or any other customers who intend to resell.
No Responsibility To Sell Mispriced Products Or Services
Fraser Hill Farm shall have the right to refuse, reduce or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Fraser Hill Farm shall have the right to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, then Fraser Hill Farm shall issue a credit to your credit card account in the amount of the charge.
Fraser Hill Farm Products wants to give you piece of mind that our products are of the highest quality and function. With our 30-day return policy, you should feel secure that your purchases will meet your expectations. If, for any reason, you are unsatisfied with your purchase, please follow our Return Policy procedures below to receive your purchase refund:
If you are not 100% satisfied with your purchase, you can return the product and get a full refund. You can return the product for up to 30 days from the date you purchased your order. Any product you return must be in the same condition you received it in and in the original packaging. Please keep the receipt for reference. Any questions or concerns, please reach out to our customer service team at firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
The written warranty, if any, extended by the manufacturer of any product sold by Fraser Hill Farm is the sole warranty for such product. FRASER HILL FARM DOES NOT ADOPT THE MANUFACTURER’S WARRANTY NOR DOES IT EXTEND WARRANTIES OF ITS OWN, EXPRESS OR IMPLIED. ALL PRODUCTS ARE SOLD BY FRASER HILL FARM “AS IS.” BUYER ACKNOWLEDGES THAT NO OTHER WARRANTIES WITH REGARD TO THE PRODUCTS SOLD HEREUNDER, WHETHER OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE, ARE CREATED BY THESE TERMS OR BY THE SALE OF PRODUCTS HEREUNDER. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED.
Fraser Hill Farm may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fraser Hill Farm’s rights or property, or the rights or property of visitors to or users of the Site, including Fraser Hill Farm’s customers. Fraser Hill Farm reserves the right at all times to disclose any information that Fraser Hill Farm deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fraser Hill Farm also may disclose your information when Fraser Hill Farm determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Fraser Hill Farm may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Procedure for making claims of Copyright Infringement
Introduction. We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow the instructions in the following policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of Fraser Hill Farm (“Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
Designated Agent. The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is Reese Verschelde, 2709 Commerce Way, Philadelphia, PA 19154, (215) 698-4000, email@example.com. Upon receipt of notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:
A. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
D. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing of the DMCA notification.
Notice and Takedown Procedure. It is expected that all users of any part of the Company computer system will comply with applicable copyright laws. However, if the Company is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Repeat Infringers. Under appropriate circumstances, the Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
Accommodation of Standard Technical Measures. It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).
Disclaimer of Warranties
BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FRASER HILL FARM, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. FRASER HILL FARM, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY THAT:
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;
- THIS SITE WILL MEET YOUR REQUIREMENTS;
- THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;
- THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS
- ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND
- THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.
There are well-known risks involved in obtaining or using any products or services through the Internet. Fraser Hill Farm cautions you to take steps to understand the risks and the means available to avoid or lessen the risks before obtaining or using any such products or services.
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FRASER HILL FARM, NOR ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF (i) THIS SITE, (ii) ANY PRODUCT PURCHASED OR OBTAINED THROUGH THIS SITE, (III) ANY WEB SITES LINKED TO THIS SITE, OR (IV) THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, IN EACH CASE, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF FRASER HILL FARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FRASER HILL FARM’S LIABILITY ON ANY CLAIM OF ANY KIND FOR LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH AN ORDER OR FROM THE PERFORMANCE OR BREACH THEREOF SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCTS OR UNIT THEREOF WHICH GIVES RISE TO THE CLAIM. THE FOREGOING SHALL BE BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY SUCH CLAIM.
Without limiting the generality of the foregoing, in no event will Fraser Hill Farm nor its indirect and direct parents, affiliates and subsidiaries be liable for any direct, indirect, incidental or consequential damages that are caused by or result from:
- Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using Fraser Hill Farm standard virus-detection procedures;
- Criminal acts, public authorities acting with actual or apparent authority, authority of law, national or local disruptions in electronic and transportation networks, failures of internet services providers, weather phenomena, natural disasters, and disruption or failure of communication and information systems;
- Loss, corruption or loss of access of your personal information;
- Your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services;
- Acts, defaults or omissions of any person or entity other than Fraser Hill Farm;
- Fraser Hill Farm compliance with verbal or written instructions from you or Fraser Hill Farm failure to honor special instructions not explicitly provided for on the Site;
- Your mistake when inputting an electronic instruction;
- If you fail to log off when you leave your computer or electronic device and someone else accesses your account or any service;
- If, for any reason, you cannot access your account or any service through your computer or electronic device or the services on this Site do not function; or
- For any harm or loss to your computer or electronic device or to any records or data contained therein.
SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Login Names and Passwords
Fraser Hill Farm may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by Fraser Hill Farm and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Fraser Hill Farm representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.
Fraser Hill Farm is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Fraser Hill Farm, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
You agree to defend, indemnify and hold Fraser Hill Farm harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees arising from or related to your use of this site.
Fraser Hill Farm makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Consent to Jurisdiction
Fraser Hill Farm is a registered trademark and may not be used without the written permission of Fraser Hill Farm. All product and service marks contained herein that are not Fraser Hill Farm marks are the trademarks of their respective owners.
Severability and Integration
Successors and Assigns
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Fraser Hill Farm reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.