Terms and Conditions
Agreement between User and mclinfamilyfarms.com
Welcome to mclinfamilyfarms.com. The mclinfamilyfarms.com website (the “Site”) is comprised of
various web pages operated by McLin Family Farms. mclinfamilyfarms.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of mclinfamilyfarms.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
mclinfamilyfarms.com is an E-Commerce Site.
McLin Family Farms has been producing the finest Premium Timothy Hay and Orchard Grass
since 1992
Privacy
Your use of mclinfamilyfarms.com is subject to McLin Family Farms’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting mclinfamilyfarms.com or sending emails to McLin Family 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 in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that McLin Family Farms is not
responsible for third party access to your account that results from theft or misappropriation of
your account. McLin Family Farms and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
McLin Family 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 mclinfamilyfarms.com only
with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel at anytime and your satisfaction is guaranteed. Please contact us at
info@mclinfamilyfarms.com with any questions
Links to Third Party Sites/Third Party Services
mclinfamilyfarms.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of McLin Family Farms and McLin Family 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. McLin Family Farms is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by McLin Family Farms of
the site or any association with its operators.
Certain services made available via mclinfamilyfarms.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
mclinfamilyfarms.com domain, you hereby acknowledge and consent that McLin Family Farms
may share such information and data with any third party with whom McLin Family Farms has a
contractual relationship to provide the requested product, service or functionality on behalf of
mclinfamilyfarms.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
mclinfamilyfarms.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to McLin Family 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 McLin Family 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.
McLin Family 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 McLin Family 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 McLin Family Farms or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by McLin Family 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 McLin Family Farms
Content accessed through mclinfamilyfarms.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless McLin Family 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.
McLin Family 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 McLin Family Farms in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and McLin Family Farms agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
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. MCLIN FAMILY FARMS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MCLIN FAMILY 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.
MCLIN FAMILY 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 NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MCLIN FAMILY 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 MCLIN FAMILY 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
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
McLin Family 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 Oregon and you hereby
consent to the exclusive jurisdiction and venue of courts in Oregon 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 McLin Family Farms as a result of this agreement or use of the Site. McLin Family
Farms’s performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of McLin Family 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 McLin Family 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 McLin Family 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 McLin
Family 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
McLin Family Farms reserves the right, in its sole discretion, to change the Terms under which
mclinfamilyfarms.com is offered. The most current version of the Terms will supersede all previous
versions. McLin Family Farms encourages you to periodically review the Terms to stay informed
of our updates.
Contact Information
McLin Family Farms welcomes your questions or comments regarding this Statement of Privacy. If
you believe that McLin Family Farms has not adhered to this Statement, please contact McLin
Family Farms at:
McLin Family Farms
19326 HWY 140 East
Dairy, Oregon 97625
Email Address:
mclinfamilyfarms@gmail.com
Telephone number:
541-450-9040
Effective as of June 06, 2021
