Last Revised: 10/01/19
Coastal Farm & Home Supply LLC, an Oregon limited liability company, (“Coastal” or “we”) offers a wide variety of of farm, ranch, homesteader, and country lifestyle products as well as helpful information about farming, ranching, homesteading and country lifestyle activities (the “Services”), on our website [www.coastalcountry.com], (the “Site”). Visitors to the Site, including you, can use the Site to access and interact with the Services.
Any user under the age of eighteen (18) years old may only use this Site with the consent and oversight by a parent or legal guardian. However, this Site is not intended for any use by individuals under the age of thirteen (13) years old.
I. Use of Site.
a. You may use the Site pursuant to the terms of this Agreement and for the sole purpose of accessing the Services as provided in the licenses granted under this Agreement (“Permitted Use”). Except for the Permitted Use, you warrant that you will not use the site in any other manner, on your own behalf or on the behalf of others.
i. Harass, threaten, or otherwise violate the rights of any other party or misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or Coastal, or state or imply that Coastal endorses any statement or comments you make;
ii. Engage in fraudulent or deceptive conduct;
iii. Make improper use of the Content (as defined below), including doing so for the benefit of any other merchant, or make any commercial use of the Site or the Content;
iv. Use technology or other means to access Coastal’s network or other users’ accounts, or otherwise violate the security of the Site;
v. Interfere or attempt to interfere with the working or functionality of the Site or any activity being conducted on the Site, including, without limitation, the introduction of viruses or other programs that interrupt, destroy, or limit the functionality of the Site;
vi. Upload or transfer information to the Site that (i) is obscene, libelous, blasphemous or defamatory, or incites hatred, terrorism or any similar offense, (ii) is unlawful or misleading, (iii) infringes upon any third party’s intellectual property rights, privacy rights or other similar legal rights, or (iv) is determined by Coastal, in its sole discretion, to be unsuitable;
vii. Use the Site for collection of personally identifiable information of any individual, including without limitation Coastal’s customers and employees;
viii. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site; and
ix. Otherwise violate this Agreement or applicable law.
II. Purchases. If you make a purchase through the Site, your purchase is governed by the following policies and procedures:
a. Account. In order to access certain features or webpages, it may be necessary for you to register an account with Coastal. You are responsible for maintaining the security and confidentiality of your login information, including your user name and password, and you agree to accept responsibility for all activities that occur under your account. Coastal reserves the right, for any lawful reason, to terminate your account at any time.
b. Orders. In the event that you wish to make a purchase of any product listed or advertised on the Site, you may be asked to provide certain information, including your payment method information, billing address, and shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods (including gift cards) provided in connection with any purchase. Before you submit an order, you will have the opportunity to review your selections, check the total price of your order, and correct any input errors. Please review this information carefully because, once your order is submitted, it may not be possible for us to correct mistakes (e.g., in the quantity of goods you want or the address to which you want goods delivered). Please also note that your order represents an offer by you to purchase the selected product, subject to acceptance by us. You will receive an initial e-mail confirmation from us at the time the order is placed – this e-mail does not constitute acceptance. We will confirm such acceptance, if we accept, by sending you a subsequent e-mail at the time that we confirm that we have inventory in stock for all of the items in your order. By placing an order, you represent that you are purchasing products for lawful and intended use only. The risk of loss for and title to any products purchased hereunder passes to the purchasing party upon delivery to the carrier. Coastal reserves the right to cancel any order or adjust the price of any goods in the event that it discovers a pricing error following the confirmation of an order.
c. Product Descriptions and Pricing. While our goal is to provide a 100% error-free Site, we do not guarantee that any content on the Site is accurate or complete, including price information, product specifications, product user manuals, product advice, or product images. We will update any errors or inaccuracies as we become aware of them, and we reserve the right to do so even after you have submitted an order to us. Moreover, any price listed online may or may not represent the price in effect in our stores on any particular day or in every store location. If you ever have a question about a product or service we offer, please contact us using the information below or visit your nearest location.
d. Inventory. Certain products offered for purchase online are available for in-store pickup, but only at certain store locations (as indicated on the Site at checkout). If you want to pick up an item at a store, please review the information provided on the Site at checkout to confirm that the store at which the product is available for pickup is conveniently located. In order to pick up an order at a store, you must show your government-issued identification. If you fail to pick up your order within 14 days, Coastal will cancel your order and refund any amounts paid. Unless prohibited by law, Coastal may charge a reasonable restocking fee for any cancelled order or return. Also, please note that orders placed through the Site occasionally exceed supply for a particular item. If your order contains items that are not in stock, we will notify you that the order for that item has been cancelled. If we are unable to fulfill any part of your order, you will be notified and you will not be charged (or, if you have already been charged, you will be refunded).
e. Shipping. Please see our Shipping FAQ for information about our shipping practices.
f. Returns. Please see our Return Policy for information about our return policy.
g. Sales Tax. Sales tax will be applied to your order, based on the order’s “ship-to” address or pick-up address (for orders picked up in a Coastal store) or based on other factors if required by applicable law. An estimate of applicable taxes will be clearly displayed on your order at order completion time. You are ultimately responsible for the payment of all applicable sales and use taxes. Tax rates are subject to change at any time.
h. Limited and Refused Orders. We reserve the right from time to time to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer and to discontinue the same at any time. Our rights under this subsection (h) include but are not limited to the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or to be placed by dealers, resellers, or distributors. If we change or cancel your order, we will attempt to notify you using the e-mail or other contact information provided by you at the time the order was made.
i. Gift Cards. All gift cards purchased will be deemed purchased and issued in the State of Oregon.
a. Grant of License. Coastal grants you a personal, non-exclusive, non-transferable, non-commercial, limited, and revocable license to use the Site for the Permitted Use and in accordance with this Agreement (“License”). All rights not expressly granted by Coastal are reserved, and nothing in this Agreement will be construed as transferring or assigning in any manner (whether by implication, estoppel or otherwise) any title or ownership of, or exclusive use-rights to, any intellectual property or other right of Coastal. You are specifically prohibited from reproducing, redistributing, selling, creating derivative works from, decompiling, reverse engineering, or disassembling the Site or the Content. You are also specifically prohibited from using the Site or Content in connection with promoting merchandise or services, charging others for access to the Site or Content, building a business using the Site or Content, incorporating the Site or Content into other works in a manner that may be construed as an endorsement, express or implied, by Coastal for any product or service, or making any other commercial use of the Site or Content.
IV. Intellectual Property.
a. Marks. All trademarks, service marks, graphics, and logos, whether or not registered, that are used in connection with the Site are trade names, trademarks or registered trademarks of either Coastal (“Coastal Marks”) or other owners (“Third Party Marks”). Coastal is the sole owner of the Coastal Marks and nothing set forth herein shall be construed to transfer any rights in the Coastal Marks or Third Party Marks to you.
b. Content. The Site, including all Coastal Marks, Third Party Marks, designs, text, graphics, pictures, information, data, software, sound files, other files thereon, as well as the selection and arrangement thereof (“Content”), are the property of Coastal or its licensors. The Content is protected by United States’ intellectual property laws, and it may not be copied or used, in whole or in part, without the prior written permission of Coastal or the applicable owner.
c. Your Rights. If you believe any material available via the Site infringes upon a copyright, trademark, or other intellectual property right that you own or control, contact Coastal using the following procedures:
Email a notification of claimed infringement to the Coastal content agent at: Customer.Service@coastalcountry.com. In the subject line, write “DMCA Takedown Request.” Alternatively, mail a notification of claimed infringement to the attention of the Coastal content agent using the contact information provided below.
To be effective, the notification you send us must be in writing and it must contain the following information:
Upon receipt of a notification, Coastal will take whatever action, in its sole discretion, it deems appropriate, including removal of the cited content from the Site.
V. Disclaimers;Liability Limits; Indemnification.
a. DISCLAIMER OF WARRANTIES. COASTAL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY INTRUSION OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS. THE SITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COASTAL ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. COASTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, OR THAT EMAILS SENT FROM COASTAL ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COASTAL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITH RESPECT TO ANY HUMAN, STOCK, PET OR OTHER FEED OR FOOD-RELATED PRODUCT, COASTAL DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE MANUFACTURER DIRECTLY.
c. INDEMNIFICATION. AS AN EXPRESS CONDITION TO THE USE OF THE SITE, UNLESS PROHIBITED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COASTAL AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD PARTY ACTIONS THAT: (I) ARISE FROM YOUR USE OF THE SITE OR USE OF PRODUCTS PURCHASED FROM THE SITE; (II) ASSERT A VIOLATION BY YOU OF ANY TERM OF THIS AGREEMENT OR ANY STATE, LOCAL, FEDERAL OR INTERNATIONAL LAW OR REGULATION; OR (III) ASSERT THAT ANY INFORMATION OR CONTENT THAT YOU UPLOAD, TRANSFER, OR STORE USING THE SITE VIOLATES ANY LAW OR INFRINGES UPON ANY THIRD PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT. COASTAL RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, IN WHICH EVENT YOU WILL COOPERATE IN ASSERTING ANY AVAILABLE DEFENSES.
VI. Submission of Feedback. You may provide suggestions, enhancement requests, recommendations and other feedback to improve the Site or Content (“Feedback”). Coastal may, but has no obligation to, incorporate your Feedback into the Site or Content. You hereby disclaim any ownership in any Feedback you provide to Coastal, and you hereby assign all right, title, and interest in and to any Feedback provided to Coastal.
VII. Third Party Content; Providers.
a. Third Party Content. Coastal may provide third party content on the Site (such as advertising), and it may provide links to third-party content (such as other websites) (collectively, “Third-Party Content”). Coastal does not control, endorse or adopt any Third-Party Content, is not responsible or liable in any manner for any Third-Party Content, and undertakes no responsibility to update or review Third-Party Content. Your access and use Third-Party Content at your own risk. You should review the policies, including privacy and data collection policies, of any site or application to which you navigate from the Site.
b. Third Party Providers. Coastal uses certain third-parties website and applications (“Third-Party Providers”) to facilitate payment and credit card processing, to track information regarding users’ interactions with the Site, and to help Coastal facilitate other services for you (as further described in the Coastal Privacy Statement). You may be redirected to the websites or applications of such Third-Party Providers to create user accounts that work in conjunction with Coastal. You must comply with any flow down terms and conditions provided by any such Third-Party Provider, including but not limited to, any end-user license agreements, privacy statements or other agreements entered into with such Third-Party Providers. You hereby agree to release and hold harmless Coastal from any damages or claims arising from your relationship with any Third-Party Provider.
VIII. Modifications to the Agreement or Site.
b. Modification to Site. Coastal reserves the right to modify or discontinue, temporarily or permanently, the Site or any parts thereof without prior notice. Coastal will not be liable for any modification or discontinuance of the Site or any part thereof.
IX. Governing Law; Arbitration.
b. Notice of Claims. If you intend to seek arbitration you must first send written notice (a “Claims Notice”), by first class or certified mail, to ATTN: Legal Department Coastal Farm & Home Supply LLC, PO Box 99, Albany, OR 97321. If Coastal intends to seek arbitration, Coastal will send a Claims Notice to the current billing address on your account. The Claims Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Claims Notice, either party may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to the above address, and Coastal will send such copy to the current billing address on your account. The arbitration will be conducted under the then current rules of the American Arbitration Association.
X. Export Control Policy. You agree that this Site and all goods purchased on this Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology, software and products from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act.
XI. Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Coastal in exercising any right hereunder will waive any further exercise of that right. Coastal’s rights and remedies hereunder are cumulative and not exclusive.
XII. Questions or Complaints. Please direct any question or complaints related to this Agreement to: