Jacobs Baby Botanicals^TM

Thank you for visiting jacobsbabybotanicals.com. See our terms and conditions below and note that your use of our site and submission of orders constitutes your agreement to these terms. This agreement is subject to change without notice, so please review it periodically. Contact us with any questions or concerns you may have.

Copyright

This website is expressly owned and operated by Blackberry Farm, LLC, dba Jacobs Baby Botanicals, PO Box 8365, Scottsdale, AZ 85251 . Unless otherwise noted, all design and content appearing on jacobsbabybotanicals.com are tradenames, and/or intellectual property that are owned, controlled, or licensed by Blackberry Farm, LLC, dba Jacobs Baby Botanicals. All worldwide rights are reserved.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information on our website may contain unintentional inaccuracies. We present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. Blackberry Farm, LLC also reserves the right to refuse or cancel any orders for products that have been purchased at an inaccurate price, whether or not the order has been confirmed and your PayPal account charged. If your credit card has already been charged for the purchase and your order is cancelled, Blackberry Farm, LLC shall issue a credit to your Pay Pal account.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that the display of any color will be accurate.

No Warranties

BLACKBERRY FARM, LLC PROVIDES THE BLACKBERRY FARM, LLC PRODUCTS AND SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION, INFORMATION, MATERIAL, ADVICE, ADVERTISEMENT OR CONTENT ON THE BLACKBERRY FARM, LLC SERVICE, OR OTHERWISE WITH RESPECT TO THE GOODS AND SERVICES OFFERED BY BLACKBERRY FARM, LLC, USERS, OR THE ADVERTISERS. BLACKBERRY FARM, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ITS PRODUCTS AND SERVICES.

Limitation of Liability

IN NO EVENT WILL BLACKBERRY FARM, LLC OR ITS OWNERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY PERSON OTHER THAN YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR DIRECT OR INDIRECT CLAIMS FOR LIABILITY OR DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, PROFITS, PRODUCT DEFECTS, PRODUCT LIABILITY, NEGLIGENCE, FAILURE TO WARN, FAILURE OF PRODUCTS OR SERVICES, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY/PHYSICAL OR EMOTIONAL DAMAGES, INCIDENTAL AND CONSEQUENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED OR SOLD BY BLACKBERRY FARM, LLC OR THE INFORMATION ON THIS WEBSITE REGARDLESS OF WHO PROVIDES THE INFORMATION, AND/OR ADVERTISEMENT AND/OR SALE AND PURCHASE OF ANY PRODUCTS OR SERVICES, EVEN IF BLACKBERRY FARM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOT WITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, BLACKBERRY FARM, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENTS, OR ANY OR THE PRODUCTS OR SERVICES OFFERED OR PROVIDED OR SOLD BY BLACKBERRY FARM, LLC LIABILITY SHALL IN NO EVENT EXCEED US $100.00.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that any claim or cause of action arising out of your use of this website or the products or services offered, provided or sold must be filed within one year after such claim or cause of action or it shall be forever barred.

Indemnification

You agree to indemnify, defend, and hold harmless Blackberry Farm, LLC, its owner, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Please note that our policies change from time to time. Please refer to this page for our most current policies.

PRIVACY POLICY

Blackberry Farm, LLC values the users of our website and our products and services and takes it very seriously. Your privacy and trust are very important to us and we recognize that there may be concern about the collection and use of disclosed personal information that we collect by you through this website. Below is the Blackberry Farm, LLC Privacy Policy which describes the information that we collect from you, how we collect it and what we do with it once we collect it. By using this website, you are accepting the practices described in this Privacy Policy. If you have any questions, please contact us.

Third Party Links

In an attempt to provide increased value to those who visit our website, Blackbererry Farm, LLC may link to websites operated by third parties. However, even if the third party is affiliated with Blackberry Farm, LLC, Blackberry Farm, LLC has no control over these linked websites, all of which have separate terms and conditons and privacy and data collection practices, independent of Blackberry Farm, LLC. These linked websites are only for your convenience and therefore you access them at your own risk. Please review the privacy policy of any third-party website that you have linked to from this website before you use such third-party websites.

Personal Information

We collect personal information that you provide to us, such as your name, mailing address, phone number, email address, credit card number and financial information.

Non-personal Information

We can also collect non-personal information from you, such as your browser type, your ISP, operating system, and your Internet protocol address. This Non-personal information cannot easily be used to identify you.

Cookies

When you view this website or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our website, advertisements, products or services. For example, Cookies allow us to tailor our website to better match your interests and preferences. We also use Cookies to manage your shopping experience and in connection Google analytics. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.

Will We Disclose Your Personal Information to Third Parties?

We may disclose your personal information to any successor-in-interest of ours, such as a company that acquires us. If we go through a business transaction, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your personal information will likely be transferred.

Do We Protect Your Personal Information?

Whenever we obtain your personal information, we use reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your personal information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third pary access or other acts of third parties, or acts of omissions beyond our reasonable control.

Children

Blackberry Farm, LLC has no intention of collecting any personally-identifiable information (that is, name, address, phone number, or email address) from individuals under 18 years of age. If a child has provided us personally-identifiable information without the consent of a parent or guardian, a parent or guardian of that child should contact us using the "Contact Us" page or the mailing address at the bottom of the page. We will use reasonable efforts to delete the child's information from our existing files.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users and customers of Blackberry Farm, LLC, who are California residents to request certain information regarding its disclosure of information to third parties for their direct marketing purposes. To make such a request, please use the "Contact Us" page or the mailing address at the bottom of the page.