FARM-A-ZON terms and conditions:

1. Introduction

Welcome to FARM-A-ZON.com ("the Site") and our mobile application ("the App"). By accessing or utilizing our services, you acknowledge and agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms thoroughly, especially Section 7.1, which outlines the details of our auto-renewal subscription policy, and Section 14, which covers binding arbitration.

FARM-A-ZON ("Company," "we," "us," or "our") operates this Site and App. By registering an account, placing an order, or otherwise using our services, you confirm that: (1) you have read, understood, and accepted these Terms; (2) you have the legal capacity to enter into a binding agreement; and (3) you possess the authority to act on behalf of yourself or a business entity. If you do not agree to these Terms, you are not authorized to use our Site, App, or services.

Please be aware that Section 23 of these Terms contains an arbitration agreement requiring disputes between you and FARM-A-ZON to be resolved through binding arbitration rather than in court. By accepting these Terms, you waive your right to participate in class action lawsuits or jury trials.

2. Company Information

FARM-A-ZON is a registered limited liability company (LLC) in the State of Florida, with corporate headquarters located at 602 Michigan Ave, Lynn Haven, FL 32444.

Communicating with FARM-A-ZON

Phone

Email

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App

 

3. Service Availability

The Site, App, and related services are intended exclusively for customers within the United States. We do not accept or process orders originating from locations outside this service area.

4. Amendments to Terms

FARM-A-ZON retains the right to modify these Terms at any time and at its sole discretion. Any updates will be posted on the Site, and the "Last Updated" date will be revised accordingly. Continued use of the Site, App, or services following such updates will signify your acceptance of the revised Terms.

5. User Accounts and Communication

5.1 Account Registration

To access certain features of the Site and App, users must create an account ("Account"). You are responsible for providing accurate and up-to-date registration information, maintaining the confidentiality of your login credentials, and preventing unauthorized use of your Account.

5.2 Communication Preferences

By providing your phone number, you consent to receive calls and text messages, including those generated via automated systems, regarding order updates, account notifications, billing, and promotional offers. You may opt out at any time by responding "STOP" to any text message.

6. Subscription Services and Payments

6.1 Auto-Renewal Policy

Subscriptions are billed on a recurring basis according to the selected plan at the time of enrollment. Subscription charges will continue until canceled in accordance with Section 7.3.  By subscribing, you authorize FARM-A-ZON to process payments through your selected payment method until deactivation.

6.2 Pricing Adjustments

FARM-A-ZON reserves the right to revise pricing at any time. Subscribers will receive at least ten (10) days' notice regarding price changes affecting their subscriptions. Continued service usage after such notice constitutes agreement to the updated pricing.

6.3 Payment Terms

All orders must be completed using a valid payment method. If a transaction is declined, we reserve the right to suspend or cancel pending orders until payment is successfully processed.

7. Order Fulfillment and Delivery

7.1 Product Availability

A reference to a Product advertised on the Website does not imply or guarantee that it is or will be available at the time of your shopping window or during fulfillment of your Order.

We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.

All 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. Unless FARM-A-ZON agrees or states otherwise in writing, all fees and charges are nonrefundable.

 

 

7.2 Delivery Policy

Deliveries are made based on customer-provided details. FARM-A-ZON is not responsible for issues arising from incorrect shipping addresses or an absence of recipients at the designated delivery location.

7.3 Subscription Cancellation and Order Modifications

To prevent charges, order modifications and subscription cancellations must be completed before the weekly cutoff deadline specified on the Site. Requests made beyond this period may not be accommodated.

8. Refunds and Returns

Refunds and Credits. If you discover a quality issue regarding your Order, you must reach out to FARM-A-ZON within 48 hours of receipt of your Order. Please see Section 2 to contact us for more information on how to notify us of an unsatisfactory Product.

Depending on the circumstances, we may in our sole and absolute discretion, replace any Product at our expense, provide you a full or partial refund of the purchase price for the Product, or provide you a credit of to be applied to your next eligible purchase (a “Credit”). We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you with a refund, replacement, or Credit, as applicable, at our election.

Credits will be automatically applied to your account. Once applied to your account, Credits will automatically be applied to the purchase of your next Order(s) until exhausted or expired. A maximum of $200.00 in Credits may be applied to any single Order.

Credits are not transferable and are not redeemable for cash or other property. Credits only remain available if you maintain a valid account with FARM-A-ZON. That means that if you cancel your account, any outstanding Credits associated with your cancelled account will immediately expire. You may only redeem Credits after they are applied to your account. If you believe there is a discrepancy regarding your Credit balance, please click contact us at   850-771-2467 and info@mail.farmazon.com. All decisions regarding your Credit balance will be determined in our sole discretion and are final.

9. Customer Responsibilities

Customers agree to use FARM-A-ZON services responsibly, adhering to food safety and proper storage guidelines upon delivery.

10. Limitation of Liability

FARM-A-ZON shall not be held responsible for indirect, incidental, or consequential damages arising from the use of its services. Our liability is capped at the total amount paid by the customer in the 30-day period preceding any claim.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE FARM-A-ZON AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

WITHOUT LIMITING THE FOREGOING, FARM-A-ZON DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL FARM-A-ZON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARM-A-ZON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, FARM-A-ZON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US $200.00).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE FARM-A-ZON FROM AND AGAINST, AND COVENANT NOT TO SUE FARM-A-ZON FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.

11.   Indemnification

To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold FARM-A-ZON, and its service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

12.  Obligation to Defend

You agree that, at FARM-A-ZON’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) FARM-A-ZON may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of FARM-A-ZON (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

13. No Implied Indemnity

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

14. Dispute Resolution

a. Generally. You and FARM-A-ZON agree that every dispute arising out of or in connection with the Terms or your use of the Services that is not resolved by Refund, Replacement or Credit and exceeds U.S. $200.00 will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FARM-A-ZON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Despite the provisions of Section 21(a) nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and FARM-A-ZON will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA or another arbiter at the discretion of FARM-A-ZON. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting FARM-A ZON. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). FARM-A-ZON’s address for Notice is: FARM-A-ZON 602 Michigan ave. Lynn Haven, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or FARM-A-ZON may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FARM-A-ZON must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by FARM-A-ZON in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Leon County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse FARM-A-ZON for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

f. No Class Actions. YOU AND FARM-A-ZON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FARM-A-ZON agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with FARM-A-ZON will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

h. Cause of Action. You agree that any cause of action arising out of or related to the products must be commenced by you within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

i. Enforceability. If Section 14(f) is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.

15. Governing Law

No matter where you're located, the laws of the State of Florida will govern the Terms and the relationship between you and FARM-A-ZON as if you signed or otherwise agreed to the Terms in Florida, without regard to Florida's conflicts of laws rules. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the federal or state courts in Bay County, Florida for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of the Terms.

16. Account Termination

FARM-A-ZON reserves the right to terminate or suspend accounts that violate these Terms. Upon termination, users must immediately discontinue their use of our services.

17. Contact Information

For questions or concerns regarding these Terms, please contact us at info@mail.farmazon.com.

These Terms and Conditions constitute the entire agreement between you and FARM-A-ZON regarding the use of our services.