TERMS OF USE

Last Updated: July 29, 2024

Jenkins Creek Rd. LLC, a Washington corporation, dba Lisenby Farm (collectively herein “Jenkins Creek Rd. LLC,” “we,” “our,” or “us”), provides its websites accessible at www.lisenbyfarm.com.com (“Website”) to you (“you,” “your,” “User”) subject to the following Terms of Use.

Jenkins Creek Rd. LLC may modify this Agreement at any time without notice, effective upon posting updated Terms to the Website. Your use of the Website constitutes your acceptance to the updated Terms. Jenkins Creek Rd. LLC has the right, but is not obligated, to strictly enforce the Terms through any legal means.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO Jenkins Creek Rd. LLC, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY (“AGREEMENT”), AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING AND REVIEWS (“SERVICES”), YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO Jenkins Creek Rd. LLC. READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

OWNERSHIP OF WEBSITE CONTENT

The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, personal data, data sheets, FAQs is owned exclusively by Jenkins Creek Rd. LLC and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Jenkins Creek Rd. LLC. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

LIMITED USE OF WEBSITE SERVICES

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations, subject to this Agreement and the following restrictions:

Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Jenkins Creek Rd. LLC For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Jenkins Creek Rd. LLC, another Jenkins Creek Rd. LLC user, or a third party.

Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products or services. You agree that Jenkins Creek Rd. LLC reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Jenkins Creek Rd. LLC.

Follow Brand Guidelines. The names “Jenkins Creek Rd. LLC,” “Lisenby Farm,” our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of Jenkins Creek Rd. LLC in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.

Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Jenkins Creek Rd. LLC (not including your content or products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.

Communication Methods. Jenkins Creek Rd. LLC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods, which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).

WARRANTIES AND LIMITATION OF LIABILITY

Items Purchased Through Our Sites. You understand that Jenkins Creek Rd. LLC cannot and does not make any warranties about your content, stores, or what you sell to your end customer that we may warehouse. Any legal claim related to a product your Customers purchase must be brought directly against you as the seller of the product. You release Jenkins Creek Rd. LLC from any claims related to products sold through our Services, including consideration for defective items, misrepresentations by you as a seller, or items that caused physical injury (like product liability claims) from warehoused goods.

Content You Access. Your customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Jenkins Creek Rd. LLC is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release Jenkins Creek Rd. LLC from all liability relating to that content.

Third-Party Services. Our Site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Jenkins Creek Rd. LLC is not a party to those agreements; they are solely between you and the third party.

Warranties. Jenkins Creek Rd. LLC is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee any of the following: the Services will be secure or available at any particular time or location; any and all errors which is Jenkins Creek Rd. LLC responsible will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

SUBMISSIONS OF USER CONTENT

You acknowledge that you are responsible for any information, profiles, reviews, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Jenkins Creek Rd. LLC or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of on websites that are associated Jenkins Creek Rd. LLC and third party companies’ websites, including, for example, use of #Variant on a social networking platform. Such Submissions may be used on the Website and/or on other Jenkins Creek Rd. LLC products and/or marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Jenkins Creek Rd. LLC to be used, it may be displayed for other users to see, together with your name and associated social network profile information (such as your username and profile picture). Jenkins Creek Rd. LLC is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be deemed as and treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein.

By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant Jenkins Creek Rd. LLC and its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as attribution to you, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant (a) that you own, control, or have a valid license to any rights to your Submission and any and all legally protectable elements thereof; (b) that you have the rights to grant the license contained in this Agreement for such names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and (c) that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google’s Terms of Use.

You further represent and warrant that your Submissions do not infringe other’s rights, constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Jenkins Creek Rd. LLC as to the origin of any Submission. You agree to indemnify Jenkins Creek Rd. LLC, our vendors, and third party social networks and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon patent, copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, or social network profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO Jenkins Creek Rd. LLC’ OWN GROSS NEGLIGENCE OR INTENTIONAL CONDUCT.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Jenkins Creek Rd. LLC without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Jenkins Creek Rd. LLC reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Jenkins Creek Rd. LLC is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Jenkins Creek Rd. LLC, including its licensors and/or vendors, and Jenkins Creek Rd. LLC does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Jenkins Creek Rd. LLC has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

FEEDBACK

Any questions, comments, suggestions, or other information about Jenkins Creek Rd. LLC products or services submitted to Jenkins Creek Rd. LLC through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Jenkins Creek Rd. LLC shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Jenkins Creek Rd. LLC specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Jenkins Creek Rd. LLC will not have any obligation or liability to you arising from Jenkins Creek Rd. LLC’s and/or any third party’s receipt or use of such information or material.

FEEDBACK AND USER CONTENT

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Jenkins Creek Rd. LLC does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Jenkins Creek Rd. LLC expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Jenkins Creek Rd. LLC be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Jenkins Creek Rd. LLC does not pre-screen or approve Feedback and User Content, but that Jenkins Creek Rd. LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Jenkins Creek Rd. LLC expressly disclaims any liability for such organizations, events or individuals.

USER CONDUCT

You agree not to transmit to Jenkins Creek Rd. LLC any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Jenkins Creek Rd. LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person’s explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Jenkins Creek Rd. LLC users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Jenkins Creek Rd. LLC computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

Jenkins Creek Rd. LLC may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Jenkins Creek Rd. LLC may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

ESTABLISHING AN ACCOUNT

Submissions and use of the Website are made available only to persons over the age of 18 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 18 and children under the age of 18 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you are required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

The receipt of an e-mail order confirmation does not necessarily constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Jenkins Creek Rd. LLC’s review and approval at Jenkins Creek Rd. LLC’s sole discretion. If Jenkins Creek Rd. LLC chooses to accept an order, such acceptance will be deemed upon shipment. Jenkins Creek Rd. LLC may, at its sole discretion, review an order either before or after the article has been manufactured. If Jenkins Creek Rd. LLC determines that the order violates any of the terms of this Agreement, Jenkins Creek Rd. LLC may, at its sole discretion, take any of the following actions: refuse to ship the order, destroy the article, notify you, and not provide a refund. You acknowledge that Jenkins Creek Rd. LLC is not obligated to pre-screen or approve Submissions. Jenkins Creek Rd. LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete, or fulfill any order for any reason. Jenkins Creek Rd. LLC may refuse, delete, modify, edit or remove any Submissions at any time for any reason. Jenkins Creek Rd. LLC may terminate your access to the Website or your account at any time for violation of this Agreement or for any other reason. Jenkins Creek Rd. LLC reserves the right to reject any Submissions that violate the terms of this Agreement or which are otherwise unacceptable to Jenkins Creek Rd. LLC. If your Submission is not accepted, you may receive a notification and your order may be blocked from being submitted or may be cancelled. If you believe your Submission was rejected in error, you may contact our Customer Service department for further review.

PAYMENTS AND FEES

Jenkins Creek Rd. LLC may save User’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the User notifies Jenkins Creek Rd. LLC through the Site. When you order a product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you discount of base product price). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.

In case of an unfounded chargeback, the User shall reimburse Jenkins Creek Rd. LLC for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).

We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before dispatch of your products.

Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only to Users over a certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Jenkins Creek Rd. LLC at its sole discretion may change, suspend or discontinue these discounts at any time.

LOCAL TAXES

If the User is located in Washington, Washington tax rate is calculated as a percentage of retail price when it is provided to Jenkins Creek Rd. LLC by User. When retail price of goods is unknown, Jenkins Creek Rd. LLC calculates tax rate from Jenkins Creek Rd. LLC price plus 6.5% in accordance with Washington Regulation (RCW 82.08. 020) if goods are shipped to Washington.

INVESTIGATIONS

Jenkins Creek Rd. LLC reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any Submission, posting or email you make or send. Jenkins Creek Rd. LLC may seek to gather information from the user who is suspected of violating these Terms of Use and from any other user. Jenkins Creek Rd. LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Jenkins Creek Rd. LLC believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any Submission, posting or email, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Jenkins Creek Rd. LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Jenkins Creek Rd. LLC to disclose the identity of anyone posting any email, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS Jenkins Creek Rd. LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Jenkins Creek Rd. LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Jenkins Creek Rd. LLC OR LAW ENFORCEMENT AUTHORITIES.

EXTERNAL SITES

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Jenkins Creek Rd. LLC is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

TRADEMARKS

Jenkins Creek Rd. LLC trademarks displayed on this Website are trademarks or registered trademarks of Jenkins Creek Rd. LLC and its affiliated companies in the United States and/or internationally. All other trademarks are the sole property of their respective companies. All use prohibited without express written consent by the respective owner.

COPYRIGHT

This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.

You agree and attest by accepting this Agreement and using our Services that you own all rights (including copyrights) for the content you post, or if you are not the owner, that you have express authority and written permission to use the content, and that you have all of the rights required to post the content. If your content infringes another person’s intellectual property, we will block it at our discretion.

COUNTER DMCA NOTIFICATIONS

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Jenkins Creek Rd. LLC agent for notice of claims of copyright infringement (“Copyright Agent”), at

General Counsel

  • Jenkins Creek Rd. LLC, a Washington corporation, dba

    • Lisenby Farm

25057 188th Ave SE
Covington, Washington, 98042

You must provide our Agent with the following Notice:

  1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;

  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

  4. Copyright registration for the material;

  5. Your address, telephone number, and email address; and

  6. Your physical or electronic signature.

If valid, Jenkins Creek Rd. LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

When Jenkins Creek Rd. LLC removes, blocks or disables access in response to a notice, Jenkins Creek Rd. LLC makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.

If Jenkins Creek Rd. LLC receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Jenkins Creek Rd. LLC of this action. Jenkins Creek Rd. LLC sends a copy of the counter notice to the original complaining party.

REPEAT INFRINGEMENT

Jenkins Creek Rd. LLC terminates account privileges of Users that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Jenkins Creek Rd. LLC’s discretion.

INAPPROPRIATE, FALSE OR MISLEADING CONTENT

This should be common sense, but there are certain types of content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ANY MANUFACTURED ARTICLES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Jenkins Creek Rd. LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Jenkins Creek Rd. LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

LIMITATION ON LIABILITY AND INDEMNITY OF Jenkins Creek Rd. LLC

UNDER NO CIRCUMSTANCES SHALL Jenkins Creek Rd. LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Jenkins Creek Rd. LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM MANUFACTURING ARTICLES FROM SUBMISSIONS MADE ON THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF Washington. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD Jenkins Creek Rd. LLC, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS OR ANY THIRD PARTY SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE; YOUR VIOLATION OF THE AGREEMENT OR VIOLATIONS FROM THIRD PARTIES; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPLY TO Jenkins Creek Rd. LLC’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

COMPLIANCE WITH APPLICABLE LAWS

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Jenkins Creek Rd. LLC products and publications are commercial in nature. Jenkins Creek Rd. LLC does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries.

EXPORT CONTROL LAWS

Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.

DISPUTES AND ARBITRATION AGREEMENT

If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly. If your dispute is not resolved by Customer Service, before beginning arbitration, you must first send written notice describing the claim to the Office of the General Counsel at the following address:

Jenkins Creek Rd. LLC
ATTN: General Counsel
25057 188th Ave SE
Covington, Washington, 98042
206-914-6099
info@lisenbyfarm.com

If the claim has not been resolved within 60 days of receipt of the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 877-495-4185.

Thereafter, any unresolved dispute or claim relating in any way to the Website or Services including without limitation claims relating to the breach of the Terms of Use and/or Privacy Policy (“Dispute”), will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. You and Jenkins Creek Rd. LLC each reserves the right to seek a preliminary injunction or temporary restraining order from a federal or state court in Ventura County, Washington and, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.

The arbitration shall be governed by the Washington Arbitration Act (“CAA”) (Washington Code Civ. Proc., §1280 et seq.) in accordance with the commercial arbitration rules of America Arbitration Association (“AAA”) in effect at the time the arbitration commences. If the value of the relief sought is $10,000 or less, you or Jenkins Creek Rd. LLC may elect to have the arbitration conducted by telephone or based solely on written submissions (subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant); otherwise, the arbitration shall take place in Ventura County, Washington. The arbitration shall be governed by Washington law. All of the fees and costs of the arbitration shall be shared equally by the parties participating therein. Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise. Attorneys’ fees may be awarded to the prevailing party at the discretion of the arbitrator. The arbitrator shall neither have power to alter or amend this Agreement, nor power to award any relief inconsistent with the provisions herein or unavailable in a court of law, nor power to commit errors of law or legal reasoning. The arbitrator’s award shall, at a minimum, be a reasoned award. The arbitrator’s award may be appealed, and may be vacated or corrected on appeal, solely pursuant to the appellate arbitration rules of AAA in effect at the time the arbitration commences (“Appellate Rules”) and the arbitrator’s award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Thereafter, the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If for any reason a claim proceeds in court rather than in arbitration, you and Jenkins Creek Rd. LLC BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN AN PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Jenkins Creek Rd. LLC further agrees that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Ventura County in the state of Washington and the entirety of the foregoing arbitration provision shall be null and void except for the waiver of any right to a jury trial as set forth above; even in that case, the remainder of this Agreement shall remain in effect.

GOVERNING LAW; ENTIRE AGREEMENT

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to our products and services, these Terms of Use, the privacy policy, or your use of the Website, will be governed by and construed in accordance with the State of Washington, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to our products and services, these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Ventura County, in the State of Washington and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Jenkins Creek Rd. LLC with respect to the subject matter of the Terms of Use and Privacy Policy.

CONTACT

If you have any questions about these Terms of Use, the practices of this Website, or your dealings with this Website, please contact:


Jenkins Creek Rd. LLC
ATTN: Website Terms and Privacy Policy
25057 188th Ave SE
Covington, Washington, 98042
206-914-6099
info@lisenbyfarm.com

This document is the sole statement of the Terms of Use and any summary, restatement or other version thereof, in any form including, without limitation, machine-generated, is invalid.

These Terms of Use were last modified on the date indicated above and are effective immediately.

© 2024 Jenkins Creek Rd. LLC, a Washington corporation, dba Lisenby Farm ALL RIGHTS RESERVED