Updated February 27, 2023
Introduction
We thank you for choosing to visit our website. These Terms of Use provide terms to help us provide you with our best service and best products, and to ensure both you and we comply with the law. This website (“Site”) is operated by Peninsula Bay Cider LLC (“we”, “us”, “our”), doing business as Cider Blossom Farm. Please read all the terms and conditions of use (“Terms,” “Terms of Use”), including those referenced herein, before browsing or otherwise using our site. Our Terms of Use include these terms, our Privacy Policy, our Shipping and Returns Policy (for products purchased from us), and our Community Share Agreement (for products provided as part of the community share). These terms apply to all users of the Site, including, without limitation, browsers, vendors, consumers, or contributors of any content. All features of the Site are governed by these Terms.
Your access to or use of our Site constitutes acceptance the Terms of Use current at the time you access the Site. You may continue to access our Site only if you agree to these Terms. Any breach of these Terms will result in termination of your access of the Site, which may include the deletion of any current orders.
We do not knowingly market our products or knowingly collect data from children under the age of 13. By using the Services, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our Site. If you become aware of any data we may have collected from children under age 13, please contact us, so we can take appropriate action.
We may amend, replace, or change these Terms of Use on the Site at any time and from time to time without prior notice to you. Review the Terms of Use posted on the Site periodically. Your continued access or use of our Site constitutes your acceptance of and agreement to any changes. Current Terms of Use will appear on or be referenced by this page.
Questions or concerns? Reading these Terms of Use will help you understand our policies about our content, products, and privacy. If you do not agree with our policies and practices, please do not visit our Site or use our Services. If you still have any questions or concerns about our Terms, or you have questions about our practices, please contact us.
General Conditions
You must obey all relevant federal, state and local laws when using our Site.
You must not do any of the following:
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- Use our Site, our products, or our information for any illegal or unauthorized purpose in your jurisdiction.
- Transmit or post to our Site any malicious computer code, including without limitation, worms, viruses, and trojans that may affect the operation of our Site or any other site.
- Attempt to hack into the site, deny use to any user, corrupt data, interfere with the Site’s security features or payment services, use the site to send unsolicited marketing material or promotional offers (“spam”), or use the site for any illegal or unauthorized purpose.
- Use the Site to infringe on the rights of any other user or post obscene, defamatory, illegal, or harmful material.
- Use the Site to post false or misleading information.
We may block you from accessing the site or posting any material whatsoever at any time for any reason without notice. We may remove any content from you at any time without notice. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Our Site may include features that permit you to upload posts or other content, but our Site is not and shall not function as an archive. We shall have no liability to you or any other person for usage, loss, damage, or destruction to your posts. You shall be solely responsible for maintaining independent archival and backup copies of any post or other content.
Copyright and Credits
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. Throughout the site, we also use historical watercolor images from the U.S. Department of Agriculture, Pomological Watercolor Collection, Rare and Special Collections, National Agricultural Library, Beltsville, MD 20705. Reproduction of our website is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
Personal Information
You agree that by submitting any information through our Site (or through another means), you acknowledge that this information is governed by the terms of our Privacy Policy, which forms a part of these Terms of Use. Please see our Privacy Policy for more information.
Accuracy
The material on our Site is for your informational use only, and the Site and its contents are subject to change without notice. You acknowledge that your use of the Site and its contents is entirely at your own risk.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. Material on the Site may be historical in nature and may no longer be accurate, and identified products may no longer be available.
You acknowledge that the Site may contain typographical errors, inaccuracies, or omissions that may relate to information, pricing, availability, and shipping. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law, and reserve the right to correct inaccuracies, errors or omissions at any time without notice. We accept no obligation to update, amend, or clarify any information on the Site except as required by law. Photographs of products are only representative of our products, and they may vary from the product you receive.
So that we can fulfill your orders accurately and allow you to use our Site, you must provide us with true and accurate information, including your name, mailing address, e-mail address, and any other requested information.
You agree to maintain accurate account information at our Site at least until your order is fulfilled or canceled.
Availability of Products
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to limit the sale of products to any person, any geographic location, or any jurisdiction.
Products may be available in limited quantities, and we do not guarantee availability in any quantity for any product that appears on the Site. As we sell at locations in addition to this Site, you acknowledge that we do not guarantee that our posted inventory levels are current or accurate.
At our sole discretion, we reserve the right to limit, modify, refuse or cancel any order placed by you, including due to errors in inventory levels or any other cause of unavailability of our products. In the event of limitation, modification, refusal, or cancellation, we may attempt to contact you using the e-mail address, billing address, or telephone number that you provided to us at the time of order or as then present in your account profile. Additional terms appear in our Shipping and Returns Policy.
Prices for our products are subject to change without notice. You acknowledge that we are not liable to you or any third party for any price change, modification, or discontinuation of any part of this Site or of any of our products.
Third-Party Links
Links to third-party websites may appear on our Site, including third-party payment sites. These are a convenience for you, and their appearance does not constitute and endorsement. We do not control any linked third-part site, and cannot guarantee or be held responsible for any material found on another site. You specifically acknowledge that we are not liable for defamatory, offensive or illegal conduct of other users, links or third parties and that the risk of injury from the foregoing rests entirely with you.
This disclaimer of liability also applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, or negligence or under any other theory or cause of action. Claims and complaints about third-party sites should be directed to those third parties.
Choice of Law
Your use of our Site and any dispute arising out of your use of our Site is subject to the laws of the state of Wisconsin and of the United States. Any claim or dispute between you and us that arises in whole or in part from your use of the Site or in connection with any part of the Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the either the County of Outagamie, Wisconsin (for state claims), or the Eastern District of Wisconsin (for federal claims), United States of America. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
By using our Site, you agree and acknowledge that the Site is hosted in the United States.
Disclaimer of Warranty
The content, all other features of our Site, and our products are provided to you “as is” and “as available” without warranty of any kind with respect to the Site and/or its content and/or our products, either express or implied, including but not limited to, merchantability, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then we hereby grants the minimum express or implied warranty required by such applicable law. This disclaimer applies to both isolated and aggregate uses of the information, materials, and/or our products.
Additionally, we make any no warranties that the Site will be uninterrupted, secure or error free or that your use of the Site or our products will meet your expectations. At our sole discretion, however, we do guarantee that our products are free of defects as determined by us. See the our Shipping and Returns Policy for more information.
We are not liable for your use of any information on this site or of your use of any of our products. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
No advice or information, whether oral or written, obtained by you from us, our employees, agents, suppliers or any third party shall create any warranty, representation or guarantee not expressly stated in this section.
Limitation of Liability
Your use of the Site and our products is at your own risk. Neither we, our affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, exemplary, or punitive, including, without limitation, loss of use, data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your use of the Site or our products or arising out of any action taken in response to or as a result of any content or other information available on the Site, however caused, whether based on breach of contract, strict liability, tort (including negligence or otherwise), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if we were advised of the possibility of such damages.
This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
If you become dissatisfied in any way with the Site or its Terms of Use, your sole and exclusive remedy is to stop your use of our Site and its services. You hereby waive any and all claims against us and our affiliates, agents, representatives and licensors arising out of your use of the Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.
If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of us and our affiliates shall not exceed one hundred dollars ($100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations, and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.