By visiting and using www.BrickHouseAcres.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. Brick House Acres (“I”, “we”, or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
We do not ship plants or products. All items must be picked up at our farm in central New York.
Plant Pre-orders
Plant-pre-orders should be picked up at Brick House Acres on May 20th, May 21st, or May 22nd from 9am to 6pm. Mark your calendar. If you are unable to pick up during these times, please contact us to make other arrangements. There is a $5 service fee per order.
You are responsible to pick up any orders you place. If you fail to pick up your order at the designated time, your plants become the property of Brick House Acres and will be placed back up for sale. There is a 20% restocking fee on cancelled/abandoned orders.
Garden Supplies
Garden supplies added to a plant pre-order should be picked up with your plants on the dates shown above. If you need them at some other time, contact us to schedule pick-up. We are usually available Mon-Sat from 8am-6pm by appointment.
Gift Certificates
Gift certificates can be mailed or picked up at the farm. To mail to a friend, type their name and address in the notes section at checkout along with any message you want to include. To pick up at the farm, contact us to schedule an appointment.
UNITED STATES USE ONLY
All information and content on this website is intended for individuals that reside in the United States. We do not offer products or services to individuals living in the European Union as outlined in the General Data Protection Regulation (“GDPR”). Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.
NOTICE TO INTERNTIONAL VISITORS
This website is based in the U.S. and the information we and our service providers collect is governed by U.S. law. If you are accessing this website from outside of the U.S., please be aware that information collected through this website may be transferred to, processed, stored, and used in the U.S.. Data protection laws in the U.S. may be different from those of your country of residence. Your use of this website or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including personal Information, in the U.S. as set forth in these Terms and Conditions and Privacy Policy.
PRIVACY POLICY
We are dedicated to protecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Disclaimer for more information.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, photos, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us a royalty-free, perpetual, right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
LIMITATION OF LIABILITY
You agree that under no circumstances, we or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the website and/or its officers or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
CONTACT
For questions or comments regarding our terms and conditions, please contact us.