BLACK HAMMOCK FARM

Terms and Conditions

Effective Date: December 30, 2024


Welcome to Black Hammock Farm's website, located at blackhammockfarm.com ("Website"). By accessing or using our Website, you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree with these Terms, please do not use our Website..


1. Acceptance of Terms

By accessing, browsing, or using this Website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, along with any other applicable laws and regulations governing the use of this Website. Your continued use of the Website constitutes your acceptance of these Terms in full.

If you do not agree with these Terms or any part of them, you must immediately stop using the Website.

Binding Agreement:

These Terms represent a legally binding agreement between you, the user, and Black Hammock Farm. By using the Website, you acknowledge that you are entering into this agreement voluntarily and that you have the legal capacity to do so.

Updates to Terms:

Black Hammock Farm reserves the right to update or revise these Terms at any time without prior notice. Changes to the Terms will be effective immediately upon posting on the Website. It is your responsibility to review the Terms regularly to ensure you are aware of any updates. Continued use of the Website after changes are made signifies your agreement to the updated Terms.

Age Restriction:

By using this Website, you affirm that you are at least 18 years old or have obtained parental or guardian consent to access and use the Website.

Third-Party Services:

If you access or use any third-party services through this Website, you are also subject to the terms and conditions of those third-party providers, and it is your responsibility to review and comply with their terms.

Termination of Access:

Failure to comply with these Terms may result in the termination of your access to the Website, at our sole discretion, without notice or liability.


2. Use of Website

Eligibility:

By accessing or using this Website, you confirm that you are at least 18 years of age or have the consent of a parent or legal guardian to use the Website. Use of this Website by individuals under the age of 18 must be supervised by a parent or guardian.


Permitted Use:

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes. Any unauthorized use of the Website or its content is strictly prohibited and may result in termination of your access.


Prohibited Activities:

When using the Website, you agree not to engage in the following activities: Attempting to interfere with the normal operation of the Website or bypass any measures used to restrict access. Using automated tools, such as bots or scrapers, to access, collect, or manipulate data from the Website without explicit permission. Uploading or transmitting malicious code, viruses, or harmful components that may impair the Website or compromise its security. Misrepresenting your identity or affiliation with any person or entity. Copying, modifying, distributing, or creating derivative works of any content on the Website without prior written consent from Black Hammock Farm.Engaging in any activities that violate local, state, national, or international laws.


Account Security:

If the Website allows you to create an account, you are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. You agree to notify us immediately if you suspect unauthorized use of your account.


Accuracy of Information:

You agree to provide accurate, current, and complete information when using the Website or making purchases. Black Hammock Farm reserves the right to suspend or terminate your access if any information provided is found to be inaccurate or misleading.


Availability:

We strive to maintain the Website's availability but cannot guarantee uninterrupted access at all times. Technical issues, maintenance, or updates may result in temporary downtime. We are not liable for any interruptions or disruptions to the Website.


Third-Party Links:

The Website may contain links to third-party websites for your convenience. These links do not signify endorsement, and Black Hammock Farm is not responsible for the content, policies, or practices of these third-party sites. Use these links at your own risk.


User Responsibilities:

As a user, you are responsible for ensuring that your use of the Website complies with these Terms and any applicable laws or regulations.

3. Intellectual Property Rights


Ownership:

All content on this Website, including but not limited to text, graphics, images, logos, icons, audio clips, videos, software, design elements, layout, trademarks, and other materials (collectively, "Content"), is the exclusive property of Black Hammock Farm or its licensors and is protected by copyright, trademark, patent, and other applicable intellectual property laws.


License to Use:

Black Hammock Farm grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website solely for personal, non-commercial purposes, subject to these Terms. This license does not permit: The reproduction, distribution, or public display of Website Content.The creation of derivative works or modifications to the Content.The use of any Content for commercial purposes without prior written consent.


Trademarks:

The trademarks, service marks, and logos ("Trademarks") displayed on the Website are the registered and unregistered marks of Black Hammock Farm or third-party owners. Nothing on the Website grants, by implication or otherwise, any license or right to use the Trademarks without prior written permission from Black Hammock Farm or the respective trademark owner.


Prohibited Actions: You agree not to: Copy, reproduce, republish, upload, post, transmit, distribute, or exploit any Content from the Website without explicit authorization.Use any automated means, such as bots or scrapers, to access, retrieve, or copy Content from the Website.Remove or alter any copyright, trademark, or other proprietary notices from the Website Content.


User-Generated Content:

If you submit or share any content on the Website (such as reviews, comments, or photos), you grant Black Hammock Farm a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, display, and distribute such content for any purpose. You represent that you own or have the necessary rights to grant this license and that the content does not infringe on any third-party rights.


Violation of Intellectual Property Rights:

Unauthorized use of the Content or Trademarks may violate copyright, trademark, and other laws. Black Hammock Farm reserves the right to take legal action to protect its intellectual property and may seek damages, injunctions, or other remedies as permitted by law.


Reporting Infringement:

If you believe that any Content on the Website infringes your intellectual property rights, please contact us immediately at

[email protected]

with sufficient information to identify and address the alleged infringement.



4. Product Information and Services


Accuracy of Information:

Black Hammock Farm strives to ensure that all product descriptions, images, pricing, and availability details provided on the Website are accurate and up-to-date. However, we do not warrant that all information is error-free, complete, or current. In the event of a mistake, we reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order has been placed.


Product Availability:

All products and services are offered subject to availability. Due to the seasonal and live nature of our livestock and poultry offerings, availability may vary. Black Hammock Farm reserves the right to limit quantities, discontinue products, or refuse service to anyone for any reason.


Livestock and Poultry Sales:

Black Hammock Farm specializes in live animal sales, including Katahdin sheep and turkeys. Please note: Animals are sold alive, and we do not provide processing services. We can refer customers to local meat processing facilities upon request. Preorders for holiday livestock or poultry packages are available, with prices determined based on the animal's age, gender, and quality.All sales are final due to the live nature of the products. Customers are encouraged to inspect the animals prior to purchase.


Quality Assurance:

We are committed to raising and selling high-quality, non-GMO livestock and poultry. While we take every precaution to ensure the health and well-being of our animals, Black Hammock Farm cannot guarantee the condition of the animals after they leave our premises, as factors such as transportation and care are beyond our control.


Reservation and Preorder Policies:

Customers may preorder animals for specific religious holidays or events. Preorders must be secured with a deposit or full payment, as outlined during the ordering process.Changes to preorders or cancellations may be subject to fees or forfeiture of deposits, depending on timing and circumstances.


Pricing:

Prices for our products and services are subject to change without notice. While we strive for accuracy, occasional errors in pricing or descriptions may occur.If an error is found after an order is placed, we will contact you to resolve the issue. Black Hammock Farm reserves the right to cancel orders due to pricing errors.


Custom Orders and Special Requests:

Black Hammock Farm offers custom packages and services tailored to customer needs. Please contact us directly for inquiries regarding custom orders, special events, or other specific requests. Additional fees or lead times may apply.


Service Areas:

Our services are primarily available in and around Oviedo, Florida, and nearby regions. For inquiries regarding deliveries or extended service areas, please contact us directly.


Disclaimers on Livestock Purchases:

All livestock purchases are subject to health certifications and regulations as required by state and local laws.Customers are responsible for ensuring they have the necessary facilities, knowledge, and resources to care for the animals purchased.


Changes to Products and Services:

Black Hammock Farm reserves the right to update, modify, or discontinue any product or service offering at any time without prior notice. We are not liable for any inconvenience caused by such changes.


Customer Support:

For questions or concerns regarding our products and services, please contact us at

[email protected]

or by using the contact form available on our Website.


5. Orders and Payments


Placing an Order:
When you place an order through our Website, you are making an offer to purchase the selected products or services. All orders are subject to acceptance by Black Hammock Farm, and we reserve the right to refuse or cancel any order for any reason, including but not limited to: Errors in pricing or product information.Product availability.Fraud prevention or suspicion of unauthorized activity.

Upon receiving your order, we will send an email acknowledgment. This acknowledgment does not signify acceptance of your order; a contract between you and Black Hammock Farm is only formed once your order has been processed and confirmed.


Payment Methods:

We accept various forms of payment, which will be clearly listed during the checkout process. Accepted payment methods may include credit/debit cards, PayPal, direct bank transfers, and other options as made available on the Website. Payment must be received in full before your order is processed unless otherwise specified.


Preorders and Deposits:
For livestock and poultry preorders: A deposit or full payment may be required to secure your order, depending on the product or package.Deposit amounts and deadlines will be specified during the ordering process. Deposits are generally non-refundable unless otherwise stated.


Pricing and Currency:

All prices are listed in U.S. dollars (USD) and are subject to applicable taxes, fees, and shipping charges where applicable.Prices are subject to change without prior notice. However, for confirmed orders, the price at the time of purchase will be honored.In the event of a pricing error on our Website, we reserve the right to cancel orders and provide refunds if payment has been processed.


Sales Tax:
All applicable state and local sales taxes will be added to your order total during checkout. It is your responsibility to ensure compliance with local tax laws if purchasing from outside Florida.


Order Changes and Cancellations:

If you need to change or cancel your order, contact us immediately at [email protected]. We will do our best to accommodate your request, but changes or cancellations may not be possible once the order is processed.For preorders, changes or cancellations must be made within the time frame specified at the time of order. Late cancellations may result in the forfeiture of your deposit.


Refunds and Returns:
Due to the live nature of our livestock products, all sales are final. Refunds or exchanges are not offered unless there is a proven issue caused by Black Hammock Farm. For non-livestock items, refund and return policies will be specified on the product page.


Payment Security:
We take your payment security seriously. Transactions on our Website are encrypted and processed through secure payment gateways. Black Hammock Farm does not store credit card information. However, users are responsible for safeguarding their account credentials and payment information.


Fraud Prevention:
We reserve the right to cancel or refuse any order if fraudulent activity is suspected. Customers may be required to provide additional verification to confirm their identity or payment details.


Order Confirmation:

After your payment is processed, you will receive an email confirmation with the details of your order. Please review this confirmation carefully. If there are any discrepancies, notify us immediately to correct the issue.


Contact for Order Inquiries:
For questions or concerns regarding your order, contact us at

[email protected]

or through our Website’s contact form.

6. Limitation of Liability

Disclaimer of Warranties:

The Website and all its content, products, and services are provided on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied. Black Hammock Farm does not warrant that: The Website will be uninterrupted, error-free, or secure at all times.Any defects or errors will be corrected.The Website, servers, or emails sent from us are free of viruses or other harmful components.

To the fullest extent permitted by applicable law, Black Hammock Farm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.


General Liability Limitation:
To the maximum extent permitted by law, Black Hammock Farm and its directors, officers, employees, agents, or affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:

Your use of, or inability to use, the Website or its content.Any errors, mistakes, or inaccuracies of content.Personal injury, property damage, or financial loss of any kind resulting from your access to or use of the Website.Unauthorized access to or use of our servers and/or any personal information stored therein.Any interruption, suspension, or termination of the Website.


Liability for Products and Services:
While Black Hammock Farm takes reasonable steps to ensure the quality and health of the livestock and poultry we sell, we cannot guarantee their performance, behavior, or health once they leave our premises. Customers assume full responsibility for the care and maintenance of animals purchased.


Livestock Sales: Black Hammock Farm is not liable for losses, damages, or injuries caused by the livestock or poultry sold, including but not limited to health issues, diseases, or behaviors that occur after the sale.Customers must inspect and accept the condition of the animals at the time of purchase, as all sales are final.


Force Majeure:
Black Hammock Farm shall not be held liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor strikes, power outages, or internet failures.


Indemnification:
By using our Website and purchasing our products or services, you agree to indemnify, defend, and hold harmless Black Hammock Farm and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from: Your use of the Website. Your violation of these Terms. Your violation of any third-party rights, including intellectual property rights.Any negligence or improper care of livestock or poultry after purchase.


Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights under applicable law.


Maximum Liability:
In any event, Black Hammock Farm’s total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you for the specific product or service giving rise to the claim.


Contact for Liability Concerns:
For questions regarding this limitation of liability, please contact us at

[email protected]

.

7. Links to Third-Party Websites

External Links: Our Website may contain links to third-party websites. These links are provided for your convenience, and we have no control over the content or availability of these sites.

8. Privacy Policy

Data Collection: Your use of the Website is also governed by our Privacy Policy, which can be found here.

9. Modifications to Terms
Right to Modify:
Black Hammock Farm reserves the right to update, revise, or modify these Terms and Conditions at any time without prior notice. Modifications may be made to reflect changes in our policies, products, services, or applicable laws. Any modifications will be effective immediately upon posting on the Website unless otherwise specified.


Notification of Changes:
We encourage users to review these Terms regularly to stay informed about any updates. While we may provide notification of significant changes via email, pop-up messages on the Website, or other means, it is your responsibility to check the Website for the most current version of the Terms.


Continued Use as Acceptance:
Your continued access to or use of the Website following the posting of updated Terms signifies your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Website immediately.


Scope of Changes:
Modifications to these Terms may include, but are not limited to: Updates to product or service descriptions, policies, or pricing. Changes in payment methods, refund policies, or delivery terms. Updates reflecting new legal or regulatory requirements.


Applicability to Current and Past Users:
Any modifications to these Terms will apply to all users, including those who accessed or used the Website prior to the changes. However, if a change significantly alters your rights or obligations regarding a specific transaction, such changes will apply prospectively, unless required by law.


Severability of Modified Terms:
If any part of the modified Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.


Contact for Questions About Changes:
If you have questions or concerns about modifications to these Terms, please contact us at

[email protected]

or through our contact form on the Website.


Archive of Previous Versions:
Black Hammock Farm may maintain an archive of previous versions of the Terms and Conditions for reference. Users may request a copy of a previous version by contacting us directly.

10. Governing Law

Jurisdiction:
These Terms and Conditions, as well as any disputes arising from or related to your use of this Website, shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles. By accessing or using the Website, you agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Florida.


Venue and Forum:
You consent to the exclusive jurisdiction and venue of the courts located in Seminole County, Florida, for the resolution of any disputes arising out of or relating to these Terms, your use of the Website, or any transactions conducted through the Website.


Compliance with Local Laws:
Black Hammock Farm operates its Website from Florida, United States. While the Website may be accessible worldwide, users are responsible for ensuring their use of the Website complies with all applicable local, state, national, and international laws in their jurisdiction. Black Hammock Farm makes no representation that the Website, its content, or its services are appropriate or available for use outside the United States.


Dispute Resolution:

Informal Resolution: In the event of a dispute, you agree to first contact Black Hammock Farm to seek an amicable resolution by providing a written description of the issue to [email protected]. Both parties will make good-faith efforts to resolve the matter informally within 30 days.Formal Resolution: If the dispute cannot be resolved informally, you agree to submit to the exclusive jurisdiction of the courts in Florida as outlined above.


Legal Fees and Costs:
In the event of any legal action arising from or related to these Terms or the use of the Website or Service, the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in connection with such action.


Limitations on Claims:
You agree that any claim or cause of action arising out of or related to these Terms or the use of the Website must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.


Force Majeure:
Black Hammock Farm shall not be held liable for any failure to perform due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, natural disasters, governmental restrictions, wars, strikes, or failure of telecommunications or utilities.


Severability:
If any provision of this Governing Laws section is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.


Contact Information:
For questions or concerns regarding this Governing Laws section, you may contact us at

[email protected]

11. Contact Information

Inquiries: For any questions regarding these Terms, please contact us at [email protected].

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1579 Walsh Street Oviedo, Florida 32765