Terms of Service

This page contains important information about your legal rights and explains our Terms of Service.

When you use Lavender Berry Summer Flower Farm, you’re agreeing to these Terms.

Please read this Agreement (as defined below) carefully.

Effective Date: August 26, 2024

Acceptance of Terms

Please read these Terms of Service carefully before accessing or using any part of the Lavender Berry Summer Flower Farm, you agree to be bound by these Terms of Service. If you do not agree, then we kindly state you may not access the website LavenderBerrySummerFlower.com or use any Services.

References to “you”, “your”, “user”, “purchaser”, and similar terms are construed accordingly in this Agreement. The Terms of Service apply to all “Users” of the site, including without limitation Users defined as visitors, browsers, vendors, customers, merchants, and/or contributors of content. If you're using the Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so.

“You” as the user by visiting, accessing, browsing, or using Lavender Berry Summer Flower Farm you are engaging in our “Services” and agree to be bound by the Terms of Service (“Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, (collectively, the “Agreement”). “Your” purchase of an item from Lavender Berry Summer Flower Farm shall further constitute “Purchaser’s” acceptance of these Terms of Service.

These Terms of Service cover your use of and access to the sites, products and other materials (“merchandise”), professional services, purchases, images, templates, applications, tools, services and features (collectively, the "Services") provided by Lavender Berry Summer Flower Farm (as defined below in this Agreement), including without limitation on Lavender Berry Summer Flower Farm web, mobile and other applications. Our website LavenderBerrySummerFlowerFarm.com and e-commerce platform is hosted by Squarespace which allows us to sell our services and products. All orders are subject to acceptance by the seller in Appleton, WI. Lavender Berry Summer Flower Farm reserves the right to refuse service to anyone for any reason at any time. No modification of these terms and conditions shall be effective unless in writing signed by Lavender Berry Summer Flower Farm.

References to “Lavender Berry Summer Flower Farm”, “LavenderBerrySummerFlowerFarm.com”, “seller” “us”, “we” and “our” mean Lavender Berry Summer Flower Farm, LLC. You are agreeing to this Agreement with Lavender Berry Summer Flower Farm, LLC and are a “User”, otherwise if you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Any questions regarding this Agreement please use our contact information provided below.

Contact Information

Lavender Berry Summer Flower Farm

Email: Contact Us

Phone: 920-634-0510

Mailing Address: P.O. Box 481 Appleton, Wisconsin 54912 United States

1. YOUR RESPONSIBILITIES

1.1: Accounts: To use many of the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and at all times up to date information for your Accounts. For example, if your place of residence or principal place of business changes you are required to update your account information within 48-hours from the date it changes. We may need to use this information to contact you. You're solely responsible for any activity on your account and for maintaining the confidentiality and security of your passwords. Protect your account and ensure others don't have access to your account or password and other authentication credentials (collectively, "passwords"). You must immediately notify Lavender Berry Summer Flower Farm if you know or have any reason to suspect that your account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your account. We’re not liable for any acts or omissions by you or anyone else in connection with your account. The Services are not intended for and may not be used by individuals under the age of 18. By using the Services, you represent that you're at least 18. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf.

1.2. Acceptable Use: You represent and warrant that your use of the Services is in and will be in compliance with our Terms of Service Agreement including Section 13 (Prohibited Conduct Policy) as stated within this Agreement. As a User you agree not to misuse the Services or help anyone else do so. You represent and warrant that your use of the Services is in and will be in the compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.

1.2.2. Export & Sanctions: The purchaser is prohibited to sell, divert, transfer, transact, or export, directly or indirectly, to any individual, entity, or destination subject to U.S., EU, and U.N. Sanctions Program. This includes but is not limited to: North Korea, Iran, Cuba, Syria, Crimea Region of Ukraine, the United States Department of Treasury’s Office of Foreign Asset Control (OFAC) Sanctions, and those listed on the OFAC Specially Designated Nationals (SDN) list.

1.2.3. Plant Protection: The purchaser is prohibited to reproduce plants protected by the United States Plant Patents, United States Plant Variety Protection, Utility Patents, Plant Breeders’ Rights, and United States Registered Trademark. These varieties may not be reproduced and are subject to additional fees for licensing, royalties, and plant tags. Your responsible to verify the applicable propagation rights for each ordered product.

1.2.4. State Plant Restrictions: The purchaser is responsible for being familiar with and compliant with their plant destination state laws and restrictions. Each state has different restrictions on plant genus’, species’, and varieties’ that are prohibited from entering their state. Additionally, some states may restrict how a plant enters their state requiring the plant to enter as a bareroot (soil cleaned/removed from root). If your state requires a Phytosanitary Inspection Certificate an additional fee per order will be billed. During shipment live plants can be “randomly” inspected by the USDA and some states will “destroy” restricted plants and will also “destroy” non-restricted plants shipped in soil and will only permit non-restricted plants entering that state in the form of a bareroot (soil removed from roots). Therefore, the purchaser acknowledges and accepts Lavender Berry Summer Flower Farm may alter the product and ship plants according to their state guidelines with plants removed from their containers and with the soil cleaned/removed from the roots. The seller will not intentionally ship restricted plants and materials; however, if plants and materials are shipped and later destroyed by your state, Lavender Berry Summer Flower Farm will not be liable for this material or costs. Visit https://www.NationalPlantBoard.Org to learn more about your state laws & regulations.

1.2.5. Use Restriction: Merchandise is not intended for resale. You agree not to sell, reproduce, duplicate, copy, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Lavender Berry Summer Flower Farm. Any transfer of merchandise must be accompanied by this use restriction. Plant use, transfer and/or acquisition of plant merchandise constitutes acceptance of a limited right to use the plant merchandise solely for landscape ornamental purposes. No other use is permitted unless in writing signed and dated Lavender Berry Summer Flower Farm.

2. PRICES, FEES, INVOICES, & ORDER CHANGES

2.1. Prices & Fees: Prices stated do not include additional fees, such as, taxes, transaction fees, shipping, boxing, winter packaging, phytosanitary inspection certificates. All prices and fees are subject to change without notice and be discontinued without notice. The seller is not liable to you or to any third-party for any modifications, price/fee changes, interruptions, or discontinuance of the Service.

2.2. Taxes: All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If Lavender Berry Summer Flower Farm has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Lavender Berry Summer Flower Farm does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).

2.3. Transaction Fees: Transaction fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you.

2.4. Shipping Fees: Courier shipping fees will automatically populate based on the information you provide during checkout. The fees will be set out for your selection before you confirm your purchase. You must ensure the information you provided is complete and accurate including entering the correct and complete shipping address. If necessary, Lavender Berry Summer Flower Farm reserves the right to determine the best delivery method for each order.

2.5. Local Delivery Fee: Lavender Berry Summer Flower Farm provides Local Delivery at $100.00 per delivery. Some restrictions apply please refer to Section 4.2.

2.5. Boxing Fees & Winter Packaging: Boxing fees may apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Winter seasonal packaging may be necessary for select portions of the Services, and we’ll tell you about those fees before charging you.

2.6. Phytosanitary Inspection Certificate: If your state requires a Phytosanitary Inspection Certificate a $50.00 per order additional fee will be billed and invoiced to the purchaser’s email. The purchaser will be required to pay this fee within 30-days of invoice date and prior to the order shipping.

2.7. Tags: For some patented plant varieties, tags are required. Required tags will automatically ship with the product and the tag price has been included in the product price.

2.8. Our Payment Processor: The processing of payments will be subject to the payment processors and third-party service providers terms or service and privacy policies, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using a payment method accepted by Squarespace Payments. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

2.9. Returned/Declined Payment: A fee of $25.00 will be charged for any returned check, money order, declined EFT transactions or declined bankcard transaction.

2.10. Chargebacks: If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.

2.11.1. Invoices: Prices and fees will appear on an invoice emailed to you and due according to the payment terms listed on the invoice. All invoices are required to be paid in full before any product is shipped. You may pay directly through the payment processor in a payment method accepted by Squarespace Payments. Or with the seller’s written approval you can pay with a pre-approved U.S. Postal Service Money Order mailed to Lavender Berry Summer Flower Farm P.O. Box 481 Appleton, Wisconsin 54912. We reserve the right to terminate orders for nonpayment of account including the right to cancel open orders on any past due accounts. You will remain liable for all amounts due up to including the date of termination.

2.11.2. Wholesale Pricing 50% Down: On select portions of Services we offer you the ability to pre-order products today for Spring & Summer 2025 delivery with a 50% down payment towards the Product Full Price & and the 50% balance due by 2.29.2025. As an example, please reference these payment details: (1) 1st Payment: You pay 50% Balance of Product Full Price & Applicable Taxes & You pay 100% of additional fees such as, shipping and handling. (2) 2nd Payment: You pay 50% Balance of Product Full Price & Applicable taxes & You are “not” charged again for any additional fees such as, shipping and handling. When you make your 50% down payment, we will automatically bill the 50% balance owed via invoice to your email reflecting amount due by 2.29.2025. Some restrictions apply, such as no product will be shipped until the balance is paid in full.

2.11.3 Late Fees: In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Lavender Berry Summer Flower Farm, seller shall be entitled to collect a late charge of 2% per month or the maximum rate allowed by law, whichever is less, on all amounts past due from the date due until the date paid.

2.12. Cancellation: All sales are final. Cancellations after the order has been placed will not be refunded. Payments towards purchases are non-refundable.

2.13. Order Changes: All orders and sales are final. We are not able to edit/modify an online order after it has been placed. To order additional quantities and/or products please place your order directly online and enter your preferred ship date. You may also submit an invoice request for additional purchases where select products are advertised requiring 50% down.

2.14. Shortages & Substitutions: Seller reserves the right to make partial shipment. In the event of shortages and order changes, Seller may substitute such other, similar merchandise as is available with written consent from purchaser.

2.15. Returns: Refer to Section 5 (Return Policy) as stated within this Agreement.

3. PRODUCT PACKAGING & FIRST WATERING

3.1. Packaging Transparency & Plant Settling: Lavender Berry Summer Flower Farm is a licensed nursery grower, and our plants are inspected by the Wisconsin Department of Agriculture, Trade, and Consumer Protection. Your plant order is shipped with a Wisconsin State Plant Health Certificate that is sealed with the Federal USDA Shield. Purchasers acknowledge and accepts all plants shipped may naturally have settling in plant size “depth and/or width” due to rough Courier transit. Including, “Eco-Shipped” moist plants removed from the tray/container and placed aligned in a box and shipped “may” have settling in the plant size depth and/or width during rough transit, due to boxes moving, sliding, shaking, flipping over, smashing against each other, laying on its side, and/or being dropped. For example, if a 5” deep plug plant was removed from the container and the soil is moistened and the plant experiences excessive force during shipment due to the box being tossed around, the soil may naturally compress down and/or inward.

3.2. Plug Plants & Potted Plants “Eco-Shipped”: Purchaser accepts and acknowledges plug plants & potted plants are “Eco-Shipped” this is the process of removing the plant from the (plug tray/pot container). Then the (plug/plant) is placed in a box aligned in a row with multiple plants “if ordered” and securely packaged for shipment. Your plants are intended to arrive ready to be potted up or planted directly into the ground.

3.2.2. First Watering-Plugs/Plants Eco-Shipped: The plants are aligned in the box with no drainage holes. The plant is intended to be potted up or planted in the ground immediately and watered. After the plant has been watered allow it to slightly dry out before watering again each time thereafter. Closely monitor until the plant is established to ensure the plant does not dry out.

3.3. Bare Roots Shipping: Purchaser accepts and acknowledges products listed as Bare Roots are plug plants or potted plants or field plants removed from the plug tray or pots container or dug up from the field and shipped with the soil cleaned and removed from the roots. The product ships with minimal soil.

3.3.2. First Watering-Bare Roots: When your Bare Roots arrive, please immediately place the plant roots in water with a temperature around approx. 65-70 degrees. Not too hot or too cold. Allow the plant roots to absorb moisture through the water back into the core of the plant for about 1-2 hours. During this process, please ensure the roots are not exposed to the sun. Then immediately plant in a container. If danger of frost has passed the bareroot can be planted directly into the ground. Ensure the ground soil or plant soil is soaked for the first watering. Allow the soil to dry out “slightly” before watering again and each time thereafter. Closely monitor until the plant is established to ensure the plant does not dry out.

4. SHIPPING, LOCAL DELIVERY OR LOCAL PICKUP

4.1. Preferred Ship Date: Although your preferred ship date is requested for plants, Lavender Berry Summer Flower Farm does not guarantee plants shipped by your preferred ship date. “Weather Permitting,” plant shipping for the season begins in April to June & September to December. Plants ordered in July and August will be shipped in the fall. Plants are shipped based on the average last frost date for your shipping zip code and when the plants are well rooted. High volume or adverse weather conditions may delay shipping. Orders are processed in 2 to 6 business days. You will receive an email acknowledgment early spring or early fall indicating the expected ship date. Orders are shipped out on Mondays this includes pre-orders with future ship dates. On the Monday that your order is shipped you will receive an email confirmation with tracking information. When selecting a preferred ship date please select your preferred day as a Monday.

4.2. Local Delivery or Local Pickup: Lavender Berry Summer Flower Farm provides Local Delivery throughout the year January to December for invoiced pre-ordered plants exceeding $1,550.00 with a delivery radius up to 120 miles from Appleton, Wisconsin 54912. Some restrictions may apply please refer to Section 2.5. Please submit all request for Local Delivery or Local Pick Up through our website portal by selecting “Contact” and completing the form. Some restriction may apply.

4.3.1. Shipping Services: The services may include shipment features to facilitate the delivery of Lavender Berry Summer Flower Farm’s products and services to the User. The services may enable you to find, compare, select and purchase from one or more third-party courier services (“Courier”), like the United States Postal Service (“USPS”) and United Parcel Service ("UPS”). Squarespace serves as an intermediary between Lavender Berry Summer Flower Farm and the selected Courier. The inclusion of any Courier as a facilitator of shipping goods shall not be deemed an endorsement, certification, affiliation, partnership, or warranty of the Courier by Lavender Berry Summer Flower Farm or Squarespace.

4.3.2. Shipment Information Sharing: In accordance with Section 11 (Privacy Policy), you acknowledge and agree that we may share personal information related to you and your shipment with: (a) the applicable Courier to facilitate the shipment; and (b) any relevant tax authority, where required by law. You further acknowledge that the Courier’s use of the personal information will be in accordance with their Privacy Policy and other Courier Terms. The Courier may contact you or your End User to facilitate deliveries.

4.3.3. Courier Limitations of Liability: Although we ensure secure packaging prior to shipping we can’t control how the shipment is handled once it leaves our facility; therefore, freight damage must be addressed with the Courier. You agree that Lavender Berry Summer Flower Farm is not responsible for any acts, omissions or errors of the selected Courier, including any shipment that is lost, damaged, or delayed. Your recourse will be with the Courier and not us. We carry no risk of loss or damage once a package has been accepted by the Courier for fulfillment and delivery.

4.3.4. Courier Additional Restrictions and Indemnity: To the fullest extent permitted by law, you agree to indemnify and hold harmless Lavender Berry Summer Flower Farm and its affiliates and its and their directors, officers, employees, and agents from and against all Losses arising from or related to: (a) your breach of these Terms; and (b) your violation of any Courier Terms.

4.4. Courier Shipping: USPS Priority Mail with a 1-3 Day’s package transit will not include the day the plants leave our facility as part of its shipping transit days; therefore, a package with a 3-Day Transit that leaves our facility on Monday may arrive on Thursday. You acknowledge and accept there are no guarantees on the actual date in which product will be delivered by the third-party Courier. We ship within the US only. We do not ship plants to Canada or internationally.

Additional shipping options such as, Air Freight Shipping to a destination airport is available by submitting a special request through “Contact.” Please indicate your destination airport and preferred airline in the comments section. You are responsible for arranging pickup or deliver from the destination airport. Special restrictions apply such as this option is not available at check out and only available on invoiced purchases. There is a $100 fee for delivering the shipment to the airport.

4.5. Shipping Confirmation & Tracking: You will be notified via email prior to your product shipping with tracking information. Please ensure you are promptly present for your plant delivery.

5. RETURN POLICY

5.1. Return Policy Overview: Section-5 of the Agreement outlines the Return Policy. Purchaser agrees to immediately notify Lavender Berry Summer Flower Farm “within the first 24-hours of the product being accepted and or shipment being delivered” of any product that does not meet your specifications on quality, condition, and/or items missing from your order by submitting a “claim ticket” through our website and uploading photographs of each claim, the box, and its contents. Purchaser agrees to not return any merchandise without first obtaining written authorization from Lavender Berry Summer Flower Farm. While products such as, plants are not returnable in some cases, we will require the plants be returned to Lavender Berry Summer Flower Farm; this is on a case-by-case basis and is at Lavender Berry Summer Flower Farm’s sole discretion.

5.1.2. Deliver Inspection Steps: You as the purchaser by using or accessing the Services, you're agreeing to these Terms. Purchaser agrees they will:

(1) Be promptly present for your product/plant delivery

(2) Not refuse material and the freight when delivered

(3) Count all cartons, inspect all cartons for external damage, check for open or resealed cartons, and note any damages, shortages, open or resealed cartons on the deliver receipt; the Courier’s representative must also sign the receipt.

(4) Open box immediately upon delivery and allow your plants fresh air. Directions on how to care for your plant will be enclosed.

(5) Inspect product for damage, such as scorched, frozen, and/or broken plants, and material shortages, etc.

(6) Take photographs of each damage claim, the box, and its contents

(7) Report any concerns “if any” immediately “within the 24-hours of the product being accepted and or shipment being delivered” to Lavender Berry Summer Flower Farm through our website form called “Claim Ticket” as stated below.

5.1.3. Submit a Claim Ticket: Go to LavenderBerrySummerFlowerFarm.com and located at the bottom of the website select “Claim Ticket.” Please complete the required information including reason for return, upload photos, and click submit. Claims need to be immediately submitted “within the first 24-hours of the product being accepted and or shipment being delivered”. Claims submitted after this point will not be reviewed, considered, and/or accepted. If product is discarded without prior approval from Lavender Berry Summer Flower Farm the claim will not be reviewed, considered, and/or accepted. The seller reserves the right to have product/plant returned to Lavender Berry Summer Flower Farm prior to honoring any claims.

5.2. Product Damaged During Transit: All product merchandise and plant material is inspected prior to shipment and is in good condition when accepted by the respective transportation company. Although we ensure secure packaging prior to shipping we can’t control how the shipment is handled once it leaves our facility; therefore, freight damage must be addressed with the Courier. If your shipment is damaged during transit by the Courier, then you need to take pictures and report it immediately to the Courier. The Courier should provide you with a claim number. The second step is to notify Lavender Berry Summer Flower Farm of the damages within the first 24-hours of the shipment being delivered by submitting a claim ticket as stated in Section 5.1.3, uploading photos, and entering your reported Courier claim number. Lavender Berry Summer Flower Farm will not be responsible for damage to product merchandise and plant material incurred during transit including damaged boxes, smashed product/plantlets or plantlets out of cells due to rough transit. Purchasers assumes all shipping risks. The seller reserves the right to have product/plants that are associated with a claim returned.

5.3. Non-Refundable: We do not refund orders and shipping costs or send new replacement products for lost, stolen, or missing packages, product damages caused by uncontrollable natural events, civil disorder, shipping Courier delays, USDA inspection delays, packages not delivered on the first attempt, undeliverable packages including packages returned with incorrect/incomplete address, order refusals, and freight shipping damage. If applicable, please file a claim directly with the shipping Courier and Lavender Berry Summer Flower Farm. Please take caution the Courier may require a signature when merchandise is delivered on the first attempt. If the purchaser is not present to receive the order the Courier may not deliver the package on the first attempt. Seller shall not be responsible for any delays in delivery or for losses resulting from such delays.

5.4. Non-Returnable: Perishable goods, such as rootstock, plants, botanical plant material, fresh cut and dried flowers can’t be returned due to the nature of these products. Products can’t be returned once they have been accepted, processed, improperly stored, planted, or otherwise used in any manner. Additional items that can’t be returned include tampered packaging, altered items, incomplete/incorrect items.

5.5. Returnable Items: With prior written authorization, approved non-perishable goods may be returned for credit if unopened and in the original packaging within 3-days of the date you received it. A 20% re-stocking charge will apply, and all return requests need to first submit a claim ticket.

5.6. Additional Limitations of Liabilities for Plants: In addition, to the terms set forth in this Agreement referenced in Sections 6 (Warranty Disclaimers) and 7 (Limitations of Liability) our plants have additional product specific limitations of liabilities as set forth. Lavender Berry Summer Flower Farm’s plants are sold “as is,” without any warranties, express, or implied, regarding quality, productivity, merchantability, or outcomes of planting or transplanting. Lavender Berry Summer Flower Farm shall not be liable to the purchaser or any other party for consequential or incidental damages arising from a shipment, including but not limited to lost revenue, profits, commissions, facility contamination, legal fees, or any other damages. Our liability is limited to the cost of the purchased plants.

5.7. Return of Merchandise: Please do not return any merchandise products without first obtaining written authorization from Lavender Berry Summer Farm. All return shipping fees are your responsibility and Lavender Berry Summer Flower Farm encourages you to use a trackable method when shipping your return. Place the item securely in its original packaging with proof of purchase. Please mail your return to the following address: Lavender Berry Summer Flower Farm “Returns” P.O. Box 481 Appleton, WI 54912 United States.

5.8. Refunds: After receiving your return and inspecting the condition of your item and further reviewing your claims request Lavender Berry Summer Flower Farm will process your return. Please allow at least 2-4 weeks to process your return. Refunds may take 1-3 billing cycles to appear on your credit card statement, depending on your credit card company. Lavender Berry Summer Flower Farm will notify you by email when your return has been processed.

6. WARRANTY DISCLAIMERS

To the fullest extent permitted by applicable law, Lavender Berry Summer Flower Farm makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available.” Lavender Berry Summer Flower Farm also disclaims any warranties of merchantability, title, fitness for a particular purpose and non-infringement. Certain merchandise may be separately warranted by the manufacturer. Lavender Berry Summer Flower Farm makes no “manufacturer” warranties, either express or implied about the Services and shall have no liability thereunder; we do not adopt or ratify any manufacture warranties. No advice or information, whether oral or written, obtained by you from Lavender Berry Summer Flower Farm, shall create any warranty. Lavender Berry Summer Flower Farm makes no warranty or representation that the Services will: (1) be timely, uninterrupted or error-free; (2) meet your requirements or expectations; or (3) be free from viruses or other harmful components.

7. LIMITATION OF LIABILITY

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Lavender Berry Summer Flower Farm and its affiliates and its and their directors, officers, employees, vendors, contractors, and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for (1) any indirect, special, incidental, exemplary, punitive or consequential damages; (2) any loss of profits, revenue, data, goodwill or other intangible losses; (3) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (4) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (5) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (6) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Lavender Berry Summer Flower Farm has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Lavender Berry Summer Flower Farm for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Lavender Berry Summer Flower Farm in the twelve (12) months immediately preceding the event that gave rise to such claim.

8. SERVICES & PRODUCTS

Certain Services and products maybe be available only online through our website with limited quantities available and are subject to return or exchange only, as stated in Section 5 (Return Policy) referenced within this Agreement. Certain Services for example, local delivery may vary depending on your location relative to Appleton, Wisconsin. Within this Agreement certain products maybe referenced with specific product uses, features, and terms. The product images shown on the website are for illustration purposes only. Lavender Berry Summer Flower Farm reserves the right to limit quantities available, discontinue product, cancel orders, cancel services on a case-by-case basis without notice. Descriptions of products and services are subject to change without notice.

9. THIRD PARTY SERVICES

The Services are integrated with various third-party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third-Party Services include certain domain name registration services, social media platforms, eCommerce Payment Processors, extensions listed on Squarespace Extensions and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that a Third-Party Service collects, stores and processes from you will be subject to such Third-Party Service’s terms of service, privacy notice, or similar terms. Each Third-Party Service is solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites). We don't control Third Party Services, and we’re not liable for Third Party Services. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except were prohibited by applicable law).

10. INTELLECTUAL PROPERTY

Lavender Berry Summer Flower Farm owns Lavender Berry Summer Flower Farm and is protects by copyright, trade secret, trademark and other US laws. This Agreement doesn't grant you any right, title or interest in the Services between you and Lavender Berry Summer Flower Farm, such as, content, trademarks, logos, brand features, intellectual property, trade secrets, others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services. Photographs, videos, and digital media throughout this website are the property of and are copyrighted by Lavender Berry Summer Flower Farm. Photograph images on this website may not be used for any purpose without the permission from Lavender Berry Summer Flower Farm; including, but not limited to downloading, printing, distributing, and linking. We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Demo Content (or any portion of it) may not be distributed, publicly displayed, publicly performed or otherwise published. The Services include social, website or other templates (collectively, “Templates”). The Templates may include without limitations Demo Content, designs, layouts, stickers, stamps, overlays, elements and other materials owned by a Third-Party. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable laws.

11. PRIVACY

Our Privacy Policy explains how we collect, use and share your personal information and data. By using the Services, you confirm that you have read, understand, and consent to the below privacy policy terms. In addition, you agree that we may protect and improve the Services through analysis of your use of the Services in anonymized, pseudonymized, de-personalized and/or aggregated form.

11.1. Analytics: This website collects personal data to power our site analytics, including Information about your browser, network, and device, Web pages you visited prior to coming to this website, and Your IP address. This information may also include details about your use of this website, including Clicks, Internal links, Pages visited, Scrolling, Searches, & Timestamps. We share this information with Squarespace, our website analytics provider, and other Third-Party Services to learn about site traffic and activity.

11.2. Cookies: This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit the cookies Squarespace uses. These necessary and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you. We may use additional Third-Party Services that use cookies and similar technologies that integrate and help facilitate the functionally of the Services.

11.3. Visitor Data & Squarespace Payments: The processing of payments will be subject to the payment processors and third-party service providers terms or service and privacy policies, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using a payment method accepted by Squarespace Payments. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

When you visit and make a purchase from us on this website, we collect personal information from you to fulfill the order, such as, billing and shipping address, purchase details i.e. plant size, email address, name, and phone number. We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us. We use Squarespace Payments as our payment solution that is provided to us by our online store service provider Squarespace. Our payment processor Squarespace Payments will also collect payment information from you. You can read their terms of service and privacy policy at https://www.squarespace.com/payments-terms.

Squarespace Payments makes use of the following third-party service providers listed below which will also receive your personal information and process it in accordance with their terms of service and privacy policies. (1) Stripe: payment processing services. You can read Stripe’s privacy policy at https://stripe.com/privacy. (2) Sift: fraud monitoring and detection services. You can read Sift’s privacy policy at https://sift.com/service-privacy. (3) TaxJar: tax processing services. You can read TaxJar privacy policy at https://www.taxjar.com/privacy-policy. As you go through checkout, this site may auto complete your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve your checkout experience. You can read Googles Places API privacy policy at https://policies.google.com/privacy.

11.4. Form Block Submissions: When you submit information to this website via webform, we collect the data requested in the webform in order to track and respond to your submissions. We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us. This information is also shared through form submission to a company Google Email address and Google Drive.

11.5. Share Buttons: This website may include commenting functionality on some pages which enables you to post a comment. This website collects personal data when you post a comment, including: (1) Your name (which will be displayed as part of your posted comment) (2) Your email address (optional, to let you know if someone replies to your comment) (3) Your website URL (optional). This website may include “likes” functionality on some blog posts which enables you to “like” a post. This website collects personal data when you like a post to try to prevent the same person from liking the same post during the same visit, including: (1) Information about your browser, network and device (2) Details about the web page or content you shared or proposed to share (3) Your IP address.

11.6. Customer Accounts: If you create a customer account on this website, we collect personal information to improve our checkout experience and customer service. This information may include your: Billing and shipping address(es), Details about your orders (for example, your shirt size), Email address, Name, & Phone number. We share this information with Squarespace, our website hosting provider, so they can provide website services to us.

11.7. Abandoned Cart Emails: You’ll receive an automated email within 24-hours after you abandon your shopping cart, if all of the following occur: (1) You enter your email address at checkout, or are logged into your customer account, (2) You add a product which is in stock to your shopping cart, (3) You close your browser or leave this website without completing your purchase. You can unsubscribe from these messages at the bottom of the email. The email will link back to this website, where you can pick up where you left off and complete your purchase.

11.8. Marketing Emails: We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, so they can send these emails on our behalf.

11.9. Order & Account Emails: We may email you with messages about your order or account activity. For example, we may email you to tell you that: (1) You’ve created a customer account, (2) Your customer account password has been reset or updated, (3) You’ve made a purchase, (4) Your order has shipped. It’s not possible to unsubscribe from these messages. We share your contact information with Squarespace, our website hosting provider, so they can send these emails to you on our behalf.

11.10. Fonts: This website serves font files from and renders fonts using Google Fonts and Adobe Fonts. To properly display this site to you, these third parties may receive personal information about you, including: (1) Information about your browser, network, or device, (2) Information about this site and the page you’re viewing on it, (3) Your IP address.

12. OUR RIGHTS

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts or all of Your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Services in that jurisdiction). Sometimes ownership of an Account is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

13. PROHIBITED CONDUCT

13.1. Prohibited Conduct Policy: You represent and warrant that your use of the Services is in and will be in the compliance with our Prohibited Conduct Policy as stated herein, by examples of prohibited conduct in connection with our Services. As a User you agree not to misuse the Services or help anyone else do so. Below are some guidelines for what you should not do with the Services. If we conclude, in our discretion, that you have misused the Services, we may take action against your Account or Your Sites. We try to ensure fair outcomes, but in all cases, we reserve the right to remove any content or suspend or terminate your Account or Your Sites, without any refund of any amounts paid for the Services, without liability or notice to you, at any time and for any reason (except were prohibited by applicable law). We reserve the right to enforce, or not enforce, this these prohibitions in our sole discretion. Examples of prohibitions include the following:

13.1.2. Abusing And Disrupting the Services: Don’t (1) probe, scan or test the vulnerability of any system or network. (2) breach or otherwise bypass any security or authentication measures. (3) access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to access. (4) interfere with or disrupt any user, host or network (whether it’s Lavender Berry Summer Flower Farm’s or someone else’s), for example by distributing malware or overloading, flooding or mail-bombing any part of the Services. (5) take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms. (6) access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, scraping, spidering or crawling). (7) take action that imposes an unreasonable load on our infrastructure or our third-party providers. We reserve the right to determine what’s reasonable. (8) provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials. (9) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological or other measure (including watermarks) used by Lavender Berry Summer Flower Farm or any other party (including another user) intended to protect the Services (including any Template). (10) remove any copyright or other proprietary notices from the Services (including any Template).

13.1.3. Spamming And Phishing: Don’t (1) use our Services to send spam, emails that violate CAN-SPAM or other laws, emails to people who have not explicitly consented (where such consent is required) or other unsolicited communications (bulk or otherwise), promotions or advertisements. Note, we reserve the right to determine what constitutes spam. (2) send altered, deceptive or false source-identifying information (including any misleading or incorrect names, email addresses, subject lines), including without limitation phishing or spoofing.

13.1.4. Deceiving And Impersonating Others: Don’t (1) do anything that's false, fraudulent, inaccurate or deceiving. (2) impersonate another person, company or entity. (3) engage in misleading or unethical marketing or advertising.

13.1.5. Stealing: Don’t (1) use unauthorized credit cards, debit cards or other unauthorized payment devices on the Services. (2) promote or advertise products or services other than your own without appropriate authorization. (3) sell the Services unless specifically authorized to do so or publish or use the Services on any network or system other than those provided by Lavender Berry Summer Flower Farm unless previously authorized by Lavender Berry Summer Flower Farm.

13.1.6. Infringing, Misappropriating and Violating Rights: Don’t (1) infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights. (2) violate anyone’s privacy or publicity rights.

13.1.7. Other Improper or Illegal Conduct: Don’t (1) threaten, harass, or abuse any individuals. (2) incite violence. (3) publish sexually explicit or obscene material. (4) condone or promote self-harm. (5) condone or promote violence against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability. (6) violate any laws through the Services, including without limitation all local laws regarding online conduct and acceptable content.

14. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Lavender Berry Summer Flower Farm and its affiliates and its and their directors, officers, employees, vendors, contractors, and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (1) your breach of this Agreement; (2) any claims by, on behalf of or against you including by any third party (3) your violation of any law or regulation or the rights or good name of any third party; and (4) any claims from tax authorities in any country in relation to You, including without limitation your purchases and other information for which Lavender Berry Summer Flower Farm may be held jointly and severally liable.

15. DISPUTE RESOLUTION

15.1. Applicability: This Section 15 shall apply to Users bringing a claim against Lavender Berry Summer Flower Farm in the US.

15.2. Informal Resolution: Before filing a claim against Lavender Berry Summer Flower Farm, you agree to try to resolve the dispute by first submitting a written request by USPS Certified Mail to Lavender Berry Summer Flower Farm P.O. Box 481 Appleton, Wisconsin 54912 with a description of your claim and proof of your relationship with Lavender Berry Summer Flower Farm. We'll try to resolve the dispute informally by following up via USPS certified letter, email, phone, or other methods. If we can’t resolve the dispute within ninety (90) days of our receipt of your first written request by USPS Certified Mail, you or Lavender Berry Summer Flower Farm may then bring a formal proceeding.

15.3. Arbitration Agreement:

15.3.1. Unless you opt out during the Opt-Out Period in accordance with Section 15.4, you and Lavender Berry Summer Flower Farm agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and Lavender Berry Summer Flower Farm expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth in this Section. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

15.3.2. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the Arbitration Provider Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section 15. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the Arbitration Provider Rules.

15.3.3. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted and the factual allegations on which those claims are based and must include proof that the claimant is party to these Terms. The arbitrator may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11 and any similar standards in other jurisdictions), including for any claim filed on behalf of a claimant who is not a party to these Terms.

15.4. Arbitration Opt-Out: You can decline this agreement to arbitrate by emailing us at “CONTACT US” within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.4, then Sections 15.3, 15.5, 15.6 and 15.7 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 15.9 (Time for Filing), 15.10 (No Class Actions) and 17 (Governing Law). If you have any questions about this process, please contact us.

15.5. Arbitration Time for Filing: Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time-period permitted by applicable law.

15.6. Arbitration Procedures: The arbitration will be administered, as further set forth in this Section 15.6, by either National Arbitration and Mediation’s Commercial Dept. (“NAM”) or the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and in each case resolved before a single arbitrator. “Arbitration Provider” shall mean NAM and AAA. If the applicable Arbitration Provider is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider. Except as modified by this Section 15, the applicable Arbitration Provider will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (collectively, “Arbitration Provider Rules”), including without limitation those rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the Arbitration Provider Rules, the arbitrator and/or applicable law. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. “Arbitrator” as used in this Section 15 shall be understood to include the Arbitration Provider.

15.6.1. If you are a User, you and Lavender Berry Summer Flower Farm agree that: (a) this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this Section 15 and (b) any arbitration hearings shall occur at a location to be agreed upon in Appleton, Wisconsin, be administered by NAM in English, and be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of NAM arbitrators in accordance with the NAM Rules (as defined below).

15.6.2. Arbitration Provider Rules: Without limiting the generality of the foregoing: (a) the applicable Arbitration Provider Rules for NAM include NAM’s Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolution Rules and Procedures (“NAM Rules”), and (b) the applicable Arbitration Provider Rules for AAA include the AAA Commercial Arbitration Rules (“AAA Rules”). The NAM Rules are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept. at commercial@namadr.com. The AAA Rules are available at www.adr.org or by emailing General Enquiries at customerservice@adr.org

15.6.3. No Class or Consolidated Arbitration Absent Written Consent: Except to the extent Lavender Berry Summer Flower Farm in our sole discretion consents in writing, Lavender Berry Summer Flower Farm does not agree or consent under any circumstances to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims.

15.6.4. Severability of Claims: If there is a final judicial determination that precludes enforcement of this Section 15’s limitations as to a particular claim, remedy, or request for relief, then such claim, remedy, or relief (and only such claim, remedy, or relief) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of any remaining claims, remedies, or relief not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Section 15.6.4 does not prevent you or Lavender Berry Summer Flower Farm from participating in a class-wide settlement of claims.

15.7. Arbitration Fees: The Arbitration Provider Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The parties agree that the Arbitration Provider has discretion where it deems appropriate to reduce the amount or modify the timing of any administrative or arbitration fees due under the applicable Arbitration Provider Rules, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good faith challenge by either party to the fees imposed by the Arbitration Provider does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before an arbitrator and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

15.8. Exceptions To Arbitration Agreement: Notwithstanding anything in this Agreement, either you or Lavender Berry Summer Flower Farm may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

15.8.1. If you are a User, either you or Lavender Berry Summer Flower Farm may assert claims, if they qualify, in small claims court in Appleton, Wisconsin.

15.9. Time For Filing: Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time-period permitted by applicable law.

15.10. No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed, except to the extent Lavender Berry Summer Flower Farm in our sole discretion consents in writing pursuant to Section 15.6.3.

16. GOVERING LAW

If you are a User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Wisconsin, without regard to its conflict of law provisions, except found not to apply to you or your claim or if you opt out of arbitration pursuant to Section 15.4, you and Lavender Berry Summer Flower Farm agree that any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Madison, Wisconsin, and you and Lavender Berry Summer Flower Farm consent to venue and personal jurisdiction in such courts.

17. WAIVER, SEVERABILITY & ASSIGNMENT

Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice.

18. UNCONTROLLABLE EVENTS

We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

19. TRANSLATION

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except were prohibited by applicable law.

20. CHANGES of TERMS

The seller reserves the right at sellers’ discretion to modify, update, change, remove, or replace any Terms of this Agreement. The most current version of this Agreement can be accessed here on this page. You are responsible for periodically checking for modifications, updates, and changes to this Agreement. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice may designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. For avoidance of doubt, claims or disputes brought under this Agreement will be resolved according to Section 15 Dispute Resolution in effect at the time the claim or dispute is filed. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.

21. AGREEMENT and TERMINATION

This Agreement will remain in effect until terminated by either you or Lavender Berry Summer Flower Farm. You may terminate this Agreement at any time via the Services. Additionally, you may also terminate this Agreement at any time when you cease using our services and by submitting written notice through our website via “Contact”. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms of Agreement including our Prohibited Use Policy. We will attempt to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections and terms of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolutions.

22. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Lavender Berry Summer Flower Farm regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third-party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.