Terms and Conditions
[Last Updated December 15, 2017]
Welcome to Flagpole Farm. The FlagpoleFarm.com website, Flagpole Farm mobile and iPad apps, and our mobile Flagpole Farm site are collectively the “Flagpole Farm Properties” and each individually is a “Flagpole Farm Property.” By using any Flagpole Farm Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Flagpole Farm Property. Additional or separate terms may apply to your interactions with other Flagpole Farm websites, Flagpole Farm locations, and to your use of individual services or features available on a Flagpole Farm Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Flagpole Farm,” “Let it Fly, LLC,” “our,” “we,” or “us” may refer to Flagpole Farm, Let it Fly, LLC, and their affiliates, subsidiaries, and designees. We may make changes to any Flagpole Farm Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Flagpole Farm Properties.
Use of the Flagpole Farm Properties
You may use the Flagpole Farm Properties for your personal, noncommercial use only. You may not use any Flagpole Farm Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Flagpole Farm Properties only with involvement of a parent or guardian.
If you are not completely satisfied with your purchase, you may exchange or return a product for up to 30 days from the date of purchase, less any cost of shipping. Any product you return must be in the same condition as you received it. Please keep your receipt. A 10% restocking fee will apply.
Information on Our Site
We try to be as accurate as possible with the information we present on the Flagpole Farm Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we’ll charge your card for an item when your order is submitted.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Flagpole Farm Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Flagpole Farm owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Flagpole Farm and Titan logos and other trademarks on the Flagpole Farm Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Flagpole Farm and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Flagpole Farm Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant Flagpole Farm a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you share with us throughout the world in any media, including when you allow Flagpole Farm to feature, text and images shared through social media (e.g. Facebook™, Twitter™, Instagram™, Pinterest™). You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Flagpole Farm Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Flagpole Farm designated agent to receive notifications of claimed infringement can be reached by:
Mail: DMCA Agent Flagpole Farm 1976 E. Franklin Road, #110 Meridian, ID 83642
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
FLAGPOLE FARM PROVIDES THE FLAGPOLE FARM PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE FLAGPOLE FARM PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY FLAGPOLE FARM PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A FLAGPOLE FARM PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLAGPOLE FARM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY FLAGPOLE FARM PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A FLAGPOLE FARM PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A FLAGPOLE FARM PROPERTY OR FLAGPOLE FARM GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the Flagpole Farm Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Flagpole Farm Properties only for lawful purposes. Activities including, but not limited to, tampering with any Flagpole Farm Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Flagpole Farm Properties are prohibited.
You may not violate or attempt to violate the security of the Flagpole Farm Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Flagpole Farm Property for unintended purposes or trying to change the behavior of any Flagpole Farm Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Flagpole Farm Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of Flagpole Farm (impersonating Flagpole Farm) or to any Flagpole Farm Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Flagpole Farm, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Flagpole Farm Property or any activity being conducted on any Flagpole Farm Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Flagpole Farm Property other than the search engine and search agents we provide and generally publicly available browsers.
You and Flagpole Farm each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Flagpole Farm, whether in-store, in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and Flagpole Farm, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND FLAGPOLE FARM UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand to our company headquarters at 1976 E. Franklin Road, #110, Meridian, ID 83642. 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 the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Ada county, Idaho.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND FLAGPOLE FARM.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Flagpole Farm Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Flagpole Farm Property at any time without prior notice.
Shipping & Handling Costs & Timing
Shipping & Handling cost is calculated on a “per order,” “per item”, or “per pound” basis and is based in part on the shipping option you select. Package dimensions also impact the cost. We currently use FedEx and USPS to ship our products. However, we reserve the right to change carriers at any time without providing notice. We may on occasion offer free shipping for specific products, specific shipping options in select categories, or free shipping sitewide.
For packages shipped via either FedEx or USPS, your products should arrive within 5-7 business days after it has left our warehouse. Certain products may require additional days to process prior to shipping. If for some reason you don’t receive your product, you may be eligible for a replacement product if you notify us within 30 days of your shipping confirmation e-mail.
Title to Products
Purchases of product through Flagpolefarm.com are subject to a destination contract. This means that the risk of loss and title for these products passes to you upon the carrier’s delivery to your ship-to address.
Effective: December 15, 2017
Your use of any of our sites is subject to the Conditions of Use for that site.
This Policy applies to:
- The Flagpole Farm mobile apps, to the extent they exist
- Information we collect in Flagpole Farm stores and at other locations and events under the Flagpole Farm name
- Additional products and services that Flagpole Farm offers.
For simplicity, we will call the Flagpole Farm websites and mobile apps “digital properties” throughout this policy.
What We Collect
Information you give us
We collect and store information you provide through our digital properties and in our stores.
The information we collect from you includes things like:
- Mailing address
- E-mail address
- Phone number
- Credit card number and other payment information
- Your Flagpolefarm.com Username if you have one
In certain situations, we may also collect things like:
- Driver’s license number (for example, if you return a product or apply for credit)
- Part of your Social Security Number
- Your whole Social Security Number
- Location information
- IMEI/UDID (a numeric identifier for your mobile device)
- MAC address (another kind of numeric identifier for your mobile device)
- IDFA (Apple’s ID for Advertising, a randomly generated number, which can be cleared like cookies)
- Your responses to surveys
Information you give us about others
You may give us information about other people, such as the name and address of a gift recipient, or the name and contact information of someone who will pick up items for you at a store. We will only use this information for the specific reason you provide it.
Information from other sources
We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records and identify new customers, and provide products and services that may be of interest to you.
Information collected automatically online
We may collect information about your interactions with us, including the type of device or browser you’re using, your IP address, your browsing behavior while on our website, and the URLs of the websites you were at before you visited our site (these are called “referring URLs”).
We may permit third-party service providers to collect and process some information from our digital properties. We may share personal information with those providers and may have similar arrangements with interest-based advertisers. We provide more information about interest-based ads below. Our digital properties may not be designed to respond to “do not track” requests from browsers.
Some of our digital properties may collect your location to help you search for one of our stores.
For any mobile application to identify your location, you must enable location services through your mobile device’s settings. If you do not want Flagpole Farm to collect this information or to enable these features, you can turn off location services on your mobile device. Flagpole Farm has no control over your device’s settings.
Our stores may use cameras for asset protection and other operational purposes, such as measuring traffic patterns and protecting and improving our business.
Reviews and other content you provide
Our website may offer publicly accessible blogs or community forums. Be aware that anyone who accesses these areas may read, collect, and use the information you provide.
How We Use the Information We Collect
- Identifying you on our websites and our mobile app in order to customize your experience (for example, based on your purchase history or your location)
- Fulfilling orders and requests for products, services, or information
- Processing refunds, returns, and exchanges
- Tracking and confirming online orders
- Delivering and installing products
- Marketing and advertising products and services
- Conducting research and analysis
- Processing Flagpole Farm credit card applications
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
How We Share Your Information
Flagpole Farm does not sell, rent, or trade your personal information to third parties. We share your information only in the ways we describe below. We may combine or share information among current or future Flagpole Farm affiliates and subsidiaries.
We may share your information with third parties to perform services on our behalf such as:
- Fulfilling orders and delivering packages
- Scheduling and performing installations
- Servicing products
- Sending Flagpole Farm marketing communications
- Fulfilling subscription services
- Conducting research and analysis
- Applying for credit cards and processing credit card payments
Sometimes we may be required to share personal information for legal reasons, for example, if we are required to do so by a regulation, court order, subpoena or other legal process. We may also share information when we believe it’s necessary to comply with the law or to respond to a government request, or when we believe disclosure is necessary or appropriate to protect Flagpole Farm, our customers, or others.
We may share personal information in the event of a company sale, merger, acquisition, dissolution, or similar event. If such an event takes place, we’ll notify you through e-mail (if we have your e-mail address) and/or a prominent notice on our applicable website(s) of any change in ownership, as well as any choices you may have regarding your personal information.
How We Protect Your Information
We use a variety of information-security measures to protect your online transactions with us.
- We use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it.
- Our digital properties use encryption technology to protect your personal information.
We are committed to protecting your information, but you can do your part. You should create a strong password and protect against unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer and do not share your password with anyone. We cannot guarantee the security of any information you transmit to us and by using our digital properties you acknowledge that you do so at your own risk.
You may at any time:
- Stop receiving marketing or promotional e-mails, direct mail, phone, and mobile marketing communications
- Update and correct your personal information
- Deactivate your account
- Request removal of information you post on our digital properties; in some cases, we may not be able to remove your content or personal information, in which case we will let you know if we are unable to do so and why
To do any of these, let us know by one of these methods:
- Follow the directions in a marketing e-mail, direct mail, or mobile communication that you receive from us
- Provide your request and current contact information through one of the contact methods listed under “Contact Us” below
Please note: Even if we are able to anonymize or make your content or information no longer visible, this does not ensure complete or comprehensive removal of your content or personal information from the Internet.
Protecting Children’s Privacy
We are committed to protecting children’s privacy on the Internet and we do not knowingly collect personal information from children under the age of 13.
Links to Other Websites
Social Media Features
Attn: Customer Care/Privacy
1976 E. Franklin Road, #110
Meridian, ID 83642
Last Updated: December 15, 2017