Welcome to Traverse Bay Farms. These Terms of Service ("Terms") govern your access to and use of the website located at traversebayfarms.com and any related subdomains (collectively, the "Site"), as well as any products, content, and services offered through the Site. The Site is operated by Traverse Bay Farms ("Traverse Bay Farms," "we," "us," or "our").

By accessing or using the Site, placing an order, or otherwise engaging with our content or services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use the Site.

1. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to place an order or enter into a binding agreement with us. By using the Site, you represent and warrant that you meet this requirement and that the information you provide is accurate and complete.

2. Products, Pricing, and Availability

We sell specialty food and wellness products, including Montmorency tart cherry items and related goods. We make every effort to display our products, descriptions, and pricing accurately. However, we do not warrant that product descriptions, colors, pricing, or other content on the Site are error-free, complete, or current.

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, cancel orders, or limit quantities at any time without prior notice, including after an order has been submitted. Products are subject to availability, and we may discontinue any product at any time.

3. Orders and Payment

When you place an order, you are making an offer to purchase the products in your cart. We reserve the right to accept or decline your order, in whole or in part, for any reason. An order confirmation does not constitute our acceptance of your order; acceptance occurs when we ship the product.

You agree to provide current, complete, and accurate purchase and account information for all purchases. You authorize us and our payment processors to charge your chosen payment method for the total order amount, including applicable taxes and shipping charges.

4. Shipping and Delivery

We ship nationwide within the United States. Estimated delivery times are provided for convenience and are not guaranteed. Title and risk of loss for products pass to you upon our delivery of the products to the carrier. We are not responsible for delays caused by carriers, weather, or other circumstances beyond our reasonable control. Please review our shipping information for current details on rates and timeframes.

5. Returns, Refunds, and Cancellations

Because we sell perishable and consumable food products, certain items may not be eligible for return. Our current return and refund practices are described in our Refund Policy, which is incorporated into these Terms by reference. If you receive a product that is damaged, defective, or incorrect, please contact us promptly so we can make it right.

7. Intellectual Property and Content License

Unless otherwise noted, all content on the Site — including text, articles, blog posts, recipes, infographics, images, graphics, logos, product descriptions, and the selection and arrangement of that content — is the property of Traverse Bay Farms or its content contributors and is protected by United States and international copyright, trademark, and other intellectual property laws.

Some content on the Site may be produced with the assistance of software tools, including artificial intelligence tools, based on our own information, data, and editorial direction. Our compilation, selection, arrangement, and editing of that content constitute original works in which we retain rights to the extent permitted by law.

Except as expressly permitted, you may not copy, reproduce, distribute, republish, modify, or create derivative works from any content on the Site without our prior written permission. You may view, download, and print content from the Site for your own personal, non-commercial use, provided you do not remove any copyright or proprietary notices.

"Traverse Bay Farms" and our associated logos and product names are trademarks of Traverse Bay Farms. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

8. User Conduct

You agree not to use the Site in any way that violates any applicable law or regulation; infringes the rights of others; transmits any harmful, fraudulent, or unlawful material; attempts to gain unauthorized access to the Site, our systems, or other users' accounts; interferes with the proper operation of the Site; or uses automated means to scrape, harvest, or collect data from the Site without our permission.

9. User Submissions

If you submit reviews, comments, photos, or other materials to the Site, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, and distribute that content in connection with our business. You represent that you own or have the necessary rights to the content you submit and that it does not violate the rights of any third party. We reserve the right to remove any user content at our discretion.

10. Third-Party Links and Services

The Site may contain links to third-party websites, tools, or services that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third-party sites or services, and we encourage you to review the terms and privacy policies of any third party you interact with.

11. Disclaimer of Warranties

The Site and all products and content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, except as required by law. To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

12. Limitation of Liability

To the fullest extent permitted by law, Traverse Bay Farms and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site or products. Our total liability for any claim arising out of or relating to these Terms or the Site will not exceed the amount you paid to us for the product or service giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Traverse Bay Farms and its owners, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Michigan, unless otherwise required by applicable law.

15. Changes to These Terms

We may revise these Terms at any time by posting an updated version on this page with a new "Last updated" date. Your continued use of the Site after any changes take effect constitutes your acceptance of the revised Terms.