Agreement between User and https://wimberleymoonlightfarms.com/
Welcome to https://wimberleymoonlightfarms.com/. The https://wimberleymoonlightfarms.com/ website (the "Site") is comprised of various web pages operated by Wimberley Moonlight Farms ("Moonlight farms"). https://wimberleymoonlightfarms.com/ is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of https://wimberleymoonlightfarms.com/ constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://wimberleymoonlightfarms.com/ is a Local Business Site Site.
wimberleymoonlightfarms.com was created to host plants, candles, and other objects for sales
Visiting https://wimberleymoonlightfarms.com/ or sending emails to Moonlight farms constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
Children Under Thirteen
Moonlight farms does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
https://wimberleymoonlightfarms.com/ only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://wimberleymoonlightfarms.com/ may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Moonlight farms and Moonlight farms is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Moonlight farms is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by Moonlight farms of the
site or any association with its operators.
Certain services made available via https://wimberleymoonlightfarms.com/ are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
https://wimberleymoonlightfarms.com/ domain, you hereby acknowledge and consent that
Moonlight farms may share such information and data with any third party with whom Moonlight
farms has a contractual relationship to provide the requested product, service or functionality on
behalf of https://wimberleymoonlightfarms.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
condition of your use of the Site, you warrant to Moonlight farms that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Moonlight farms or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Moonlight farms content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Moonlight farms and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Moonlight farms or our licensors except as expressly authorized by
The Service is controlled, operated and administered by Moonlight farms from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Moonlight farms Content
accessed through https://wimberleymoonlightfarms.com/ in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Moonlight farms, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Moonlight farms reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Moonlight farms in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. WIMBERLEY MOONLIGHT FARMS AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
WIMBERLEY MOONLIGHT FARMS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. WIMBERLEY MOONLIGHT FARMS AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL WIMBERLEY MOONLIGHT FARMS AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF WIMBERLEY MOONLIGHT FARMS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Moonlight farms reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Texas and you hereby
consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Moonlight farms as a result of this agreement or use of the Site. Moonlight farms's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Moonlight farms's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Moonlight farms with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Moonlight farms with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Moonlight farms with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Moonlight farms reserves the right, in its sole discretion, to change the Terms under which
https://wimberleymoonlightfarms.com/ is offered. The most current version of the Terms will
supersede all previous versions. Moonlight farms encourages you to periodically review the Terms
to stay informed of our updates.
Moonlight farms welcomes your questions or comments regarding the Terms:
Wimberley Moonlight Farms
1101 Sandy Point Road
Wimberley, Texas 78676
Effective as of September 07, 2021