Terms and Conditions
Last updated November 24, 2021
Welcome to Walker Ranch!
Our mission is to bring you delicious locally sourced food. We operate the website WalkerRanch.farm where users can purchase produce, protein and other food items (collectively, “Products”). We use the word “Website” in these Terms to refer to any and all websites owned or operated by Walker Ranch Greenhouse, LLC through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.” As used in these Terms, the terms “Walker Ranch,” “we,” “us,” and “our” refers to Walker Ranch Greenhouse, LLC.
1. An Important Note about Food Safety and Allergens
You are solely responsible for, an assume all risks related to, the proper and safe washing, handling, preparation, storage, refrigeration, cooking, use and consumption of the Products. You are solely responsible for inspecting all Products for any damage or other issues upon delivery. We recommend that you use a food thermometer to ensure that the internal temperature of any meat is 40°F or below. If you believe that any Products are not suitable for consumption, do not consume the items, and contact us.
We recommend that you immediately refrigerate all perishable Products upon delivery and follow the United States Department of Agriculture (“USDA”) instructions on refrigeration and food safety. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
We cannot currently accommodate any modification due to allergens, and thus do not guarantee that your order will be free from any allergens. You are solely responsible for knowing about and monitoring any food allergies you may have, and handling, preparing, using and consuming any Products accordingly. We cannot guarantee that cross-contamination will not occur between Products.
2. Amendment of the Terms
We regularly review the Terms to make sure they accurately reflect our business operations. As such, Walker Ranch reserves the right to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions. If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by email or other means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
3. Modifications and Updates to the Website and Product Offerings
Walker Ranch reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Products, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website content at our sole discretion at any time without prior notice to you. You agree that Walker Ranch has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
4. Prices and Payment
You acknowledge that the amount billed may vary due to promotional offers, the particular Products ordered, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. If Walker Ranch is unable to successfully charge your credit card or payment account for fees due, we reserve the right to reject your order.
5. Products, Orders and Refunds
A reference to a Product on the Website does not imply or guarantee that it is or will be available at the time of your order. We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain Products and to substitute Products without prior notice.
Unless Walker Ranch agrees or states otherwise in writing, all fees and charges are nonrefundable. If you discover a quality issue regarding your order, please contact us for more information. If you request a refund of any Product purchased as part of a discount promotion, your refund will be the discounted amount of that product.
Check the home page of the Website to see where we deliver. You agree to pay any delivery charges shown at the time you make a purchase. All Products should be delivered to you personally and are not for resale or export.
Any person at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. If you are not at home when your delivery arrives, delivery personnel will leave the package for you at your door, unless other delivery instructions have been communicated to us. You should plan for immediate and proper storage of your Products upon delivery.
7. Referral Program
Our referral program rewards customers for spreading the word about Walker Ranch. Each time a new customer uses your unique referral code (“Referral Code”) at checkout, you’ll both receive a special offer. If you participate in our referral program by sharing your Referral Code, you’re subject to the following terms and conditions.
You may not make purchases using your own Referral Code (for example, by using a different email address). You must comply with all “spam” laws. Any distribution of your Referral Code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. You may not post your Referral Code on coupon sites. Any Referral Codes on coupon sites will be automatically disabled.
Walker Ranch reserves the right to cancel its referral program or to change the terms and conditions of the program at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
8. Communicating With Us
We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Emails and other messages you send to or receive from Walker Ranch are not encrypted, which means that they are vulnerable to interception by third parties. If you choose to send or receive financial information or any other sensitive information by email or other electronic means (such as a web form) or through our social media channels, you do so at your own risk. By emailing us, messaging us on social media, completing a web form, or requesting that we email you, you consent to receiving unencrypted emails and other messages from us.
By providing your mobile number when placing an order, you consent to receiving text messages from Walker Ranch. Standard text messaging and data rates charges by your mobile carrier may apply to such text messages, and any and all such charges, fees, taxes, and costs are your sole responsibility. You may opt out of receiving text messages at any time by replying “STOP”, and you can contact us if you need additional help.
You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
9. Information About the Website
Subject to your compliance with the Terms, Walker Ranch grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Walker Ranch, in the manner permitted by the Terms.
The Website is currently configured for use in the United State only is not intended for use outside of the United States. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
10. User Conduct Guidelines
Any time you access or use the Website, you are required to comply with our user conduct guidelines, as set forth below. You agree that you will access and use the Website and Products for your personal use only. We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services.
You are not authorized to access or use the Website to:
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large loan on our or our third-party providers’ infrastructure;
resell or make any commercial use of the Services of any of the Service content;
modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable from any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including Marks (as defined below), in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise;
use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services;
harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior written consent;
bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services;
probe, scan, or test the vulnerability of any system or network of Walker Ranch or its providers, or breach or circumvent any security or authentication measures of such system or network;
run any form of auto-responder or “spam” on the Services;
otherwise abuse the Website or breach the Terms; or
attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
11. Intellectual Property
The Website and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the Unites States. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of Walker Ranch and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website or Products.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos and other trademarks and service marks associated with Walker Ranch (the “Marks”) are the property of Walker Ranch, and that you are not permitted to use the Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the right granted in the Terms, except as expressly permitted herein, without the prior written permission of Walker Ranch or the intellectual property owner, as applicable.
The foregoing license is subject to modification or revocation at any time at Walker Ranch’s sole discretion. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Walker Ranch or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Walker Ranch. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Walker Ranch for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Walker Ranch all of your right, title and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Walker Ranch’s rights in such improvements, enhancements and modifications.
12. Third-Party Terms
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that Walker Ranch is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Walker Ranch or such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. We will not responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
13. Warranties, Disclaimers, Limitation of Liability and Indemnification
Except as expressly provided herein, the Services are provided “as is” and “as available” without warranty of any kind, express or implied. To the maximum extent not prohibited by applicable law, Walker Ranch expressly disclaims any and all warranties, whether express, implied, arising out of course of dealing or infringement or title or rightful claim, warranties as to the reliability or availability of the Services, or that use of the Website will be uninterrupted or error free, warranties as to the completeness, accuracy or timeliness of any Website content.
You acknowledge and agree that, to the fullest extent permitted by applicable law, the entire risk arising out of or relating to your use of the Services is and remains with you and you hereby release Walker Ranch and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing.
Without limiting the foregoing, Walker Ranch disclaims any and all liability related to your use of or inability to use the Services. In no event will Walker Ranch be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, or damages for lost revenues or profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, whether based in warranty, contract, tort (including negligence) or any other legal theory, and whether or not Walker Ranch has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify and hold Walker Ranch its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
14. Governing Law
No matter where you’re located, the laws of the State of [Idaho] will govern the Terms and the relationship between you and Walker Ranch as if you signed or otherwise agreed to the Terms in Idaho, without regard to conflicts of laws rules. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the federal or state courts in Idaho for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of the Terms.
15. Dispute Resolution and Arbitration
You and Walker Ranch agree that every dispute arising out of or in connection with the Terms or your use of the Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Services, whether based in contract, tort statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WALKER RANCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of this Section 15, nothing in the Terms will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Walker Ranch will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
The Terms constitute the entire and exclusive understanding and agreement between you and Walker Ranch regarding your access to and use of the Products and the Website, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Walker Ranch and regarding the subject matter hereof.
You cannot assign, transfer or sublicense the Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, or employee-employer relationship is intended or created by the Terms.
Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. No waiver granted in any instance shall constitute a waiver in any other instance.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
18. Contact Us
If you have any questions or concerns, please contact Walker Ranch by calling (208) 400-3343. You can also write to us at:
Walker Ranch Greenhouse, LLC
2192 Hawkins Road
Malta, Idaho 83342