This website is operated by Menagerie Farm & Flower. Throughout the site, the terms “we”, “us”, “our” and “Menagerie” refer to Menagerie Farm & Flower. Menagerie Farm & Flower offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Use carefully. By using or accessing the Menagerie Farm & Flower store as well as all related websites operated by Menagerie (which includes https://www.menagerieflower.com/ and https://academy.menagerieflower.com among others) (collectively the “Site”), you agree to these Terms of Use.
Menagerie Farm & Flower charges sales tax on orders that apply. The sales tax rate varies based on the shipping destination.
Menagerie Farm & Flower accepts Visa, Mastercard, American Express, JCB, Discover, Amazon Pay, Apple Pay, Google Pay and Shop Pay. Once an order is submitted, we cannot change, modify or combine an order or change a method of payment.
When using images from our site or social media pages, we ask that you please credit Menagerie Farm & Flower with a link back to our site. If you are an online shop and would like to use our images for your own sales and promotions, please first ask for permission.
This website and all of its content is owned by Menagerie Farm & Flower, which solely reserves the right to authorize third party usage. Unauthorized use, copying, reproduction, modification, posting, distributing, duplication, or any other misuse of the material is strictly prohibited. Any use of the material other than as permitted by Menagerie Farm & Flower may constitute copyright, trademark, and/or patent infringement.
The Menagerie Farm & Flower mobile message service (the "Service") is operated by Menagerie Farm & Flower ("Menagerie”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Menagerie'sSMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Menageriethrough your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Menagerie. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to [833-884-4932 or 530-455-0555] or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Menagerie mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (530) 455-0555or email hello@menagerieflower.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Except as expressly provided in these Terms of Use, Menagerie Farm & Flower makes no representation, guarantee, or warranty, either express or implied, regarding the use of the Site or the products sold through its online store, including their merchantability or fitness for any particular use. In no event shall Menagerie be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Site and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if Menagerie has been advised or is aware of the possibility of such damages.
When you register with Menagerie and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Menagerie. You consent to receive notices electronically by way of transmitting the notice to you by email.
Please refer to Menagerie’s Privacy Policy for more information on how your information may be protected and stored.
Menagerie shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. Menagerie reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption.
You agree to indemnify and hold Menagerie and each of its members, managers, directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) your use of the Site or any services that we may provide via the Site, and (iv) your conduct in connection with the Site. Menagerie reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as may be reasonably requested.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The Site is based in the United States, and we make no claims concerning its accessor use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event of a dispute arising under or relating to these Terms of Use or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration in Sutter County, California governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website: www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Sutter County, California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Notwithstanding the foregoing, nothing in these Terms of Use will prevent Menagerie from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
We respect your right to privacy.
