Terms of Service

Terms of Service


Effective Date: June 21, 2026



Welcome to Ferguson Farms. These Terms of Service ("Terms") govern your use of https://fergusonfarms.farm ("Site") and apply to all purchases and interactions with our business. By creating an account, accessing our Site, or placing an order, you agree to these Terms. If you do not agree, please do not use our Site.



These Terms include a binding arbitration agreement and class action waiver in Section 15. Please read them carefully.



1. Definitions



"Ferguson Farms," "we," "us," and "our" refer to Ferguson Farms, LLC.

"You" and "your" refer to customers or users of our Site.

"Goods" refers to any products available for purchase.

"Order" means your purchase request on our Site.

"Services" refers to our Site and related offerings.

"Weekly Cutoff" means Sunday at 11:59 p.m. Eastern Time.

"Delivery Address" means the shipping address on your Order at the Weekly Cutoff.

"Account Credit" means a credit issued to your Ferguson Farms account that applies automatically to your next Order.



2. Account Registration and Customer Responsibilities


You must be 18 or older to place an Order. The Site is not directed at children under the age of 13, and we do not knowingly collect personal information from minors. If you believe a minor has submitted information to us, please contact us immediately at [email protected].


You agree to provide accurate, complete, and current information when you create an account, at checkout, and whenever you update your account. This includes your shipping address, email address, and phone number. You are responsible for keeping this information up to date.


You are responsible for maintaining the confidentiality of your login credentials. We are not liable for unauthorized account access caused by your negligence.



3. Orders and Payment


By placing an Order, you confirm that you are authorized to use the payment method provided and that all billing information you supply is accurate, complete, and current.



Billing Schedule


To align with our weekly fulfillment cycle:



Standard Orders and subscription Orders are charged at the Weekly Cutoff for your shipping week.

Gift Boxes and Gift Cards are charged immediately at checkout.

Orders may be modified, paused, or canceled in your account until the Weekly Cutoff. After the Weekly Cutoff, all Orders are final and cannot be modified or canceled, because fulfillment and inventory allocation begin immediately.



Items That Cannot Be Shipped


If you are charged for an item we are unable to ship, we will issue Account Credit for that item, applied automatically to your next Order. If you prefer a refund to your original payment method, email [email protected] and we will process it.



Payment Methods and Fraud Screening


We accept major credit and debit cards through Stripe. All transactions are subject to authorization and may be reviewed for fraud. We may cancel any Order that fails authorization, is flagged for potential fraud, or cannot be verified. In those cases, we will notify you and reverse any charge. We are not liable for delays caused by payment verification holds.



Pricing and Errors


We may correct pricing errors at any time before an Order is fulfilled. If a pricing error affects your Order, we will contact you and give you the option to proceed at the correct price or cancel for a full refund. Promotional codes must be applied at checkout and cannot be added retroactively.



4. Subscribe and Save


By enrolling in Subscribe and Save, you agree that your subscription will renew automatically at the delivery interval you select, and that we will charge your payment method at the Weekly Cutoff for each scheduled shipment at the then-current subscription price, plus any applicable fees, until you cancel.


You may skip, reschedule, modify, pause, or cancel your subscription online at any time through your account. Changes must be made before the Weekly Cutoff to apply to that week's Order. You may cancel without penalty. Charges processed before your cancellation are final.


Subscription benefits are described on our Site and may change. We will notify you by email before any change to your subscription price or terms takes effect, and we will send renewal reminders where required by applicable law.



5. Gift Cards, eGift Cards, and Promotional Credits



Issuance and Redemption


Ferguson Farms gift cards and eGift cards ("Gift Cards") are issued by Ferguson Farms, LLC, and are redeemable solely for purchases made on fergusonfarms.farm. Gift Cards do not expire and carry no maintenance fees. Gift Cards are not redeemable for cash, except where required by applicable law.



Purchase Requirements


Gift Cards must be purchased with a valid credit card or debit card. Ferguson Farms prohibits the use of store credit, Account Credit, existing Gift Card balances, promotional credit, bonus credit, reward credit, or any other non-cash payment method to purchase Gift Cards. Any transaction that violates this requirement may be canceled, reversed, or adjusted without notice.



Lost or Stolen Gift Cards


Ferguson Farms is not responsible for Gift Cards that are lost, stolen, destroyed, or used without authorization. Treat your Gift Card code as you would cash. We will not replace Gift Card balances lost due to theft, unauthorized use, or sharing of Gift Card codes. We may verify ownership before honoring any replacement request and may decline to do so at our sole discretion.



Bonus and Promotional Gift Card Credits


From time to time, Ferguson Farms may offer bonus credits in connection with Gift Card purchases ("Bonus Promotions"). Bonus credits are subject to the following restrictions:



Bonus credits are non-transferable and may not be moved, assigned, or redeemed across separate accounts, including accounts associated with the same household, address, or payment method.

Bonus credits may not be used to purchase additional Gift Cards, generate additional bonus value, or be combined with other promotional credits to create compounded value.

Bonus credits have no cash value and are non-refundable.

Bonus credits expire upon cancellation or closure of the associated account. We may set an inactivity expiration window for bonus credits, after which unused bonus credits may be forfeited. Where required by applicable law, we will provide advance notice before expiring inactive bonus credits.

Bonus Promotions are limited to one qualifying purchase per customer, per household, and per payment method for the duration of the promotional period.



Household and Account Limits


For purposes of these Terms, a "household" includes any accounts that share a shipping address, billing address, email address, IP address, phone number, or payment method. Ferguson Farms may determine, at its sole discretion, whether multiple accounts constitute a single household.



Void Where Prohibited


Gift Card promotions, Bonus Promotions, and associated credit offers are void where prohibited by law. Customers are responsible for compliance with all local laws applicable to the receipt and redemption of promotional credits.



Prohibited Conduct


The following conduct is prohibited and may result in immediate cancellation of Gift Card balances, account suspension, and forfeiture of any associated credits without refund:



Purchasing Gift Cards using existing store credit, Account Credit, or Gift Card balances;

Using multiple accounts, related accounts, or household accounts to circumvent per-customer or per-household limits on Bonus Promotions;

Cycling, stacking, or rolling over promotional credits to generate unintended bonus value;

Purchasing Gift Cards for resale, barter, or any commercial purpose not authorized by Ferguson Farms;

Any conduct that Ferguson Farms reasonably determines constitutes misuse, fraud, or abuse of the Gift Card program.



Ferguson Farms' Rights and Remedies


Ferguson Farms may, in its sole and absolute discretion:



Cancel, void, adjust, or remove Gift Card balances, bonus credits, or Account Credits that result from misuse, fraud, unintended stacking, technical error, related-account cycling, or promotional abuse;

Cancel or hold for manual review any Order funded in whole or in part by Gift Card credits that we reasonably suspect were obtained through prohibited conduct;

Suspend or terminate any customer account engaged in prohibited conduct;

Pursue any legal remedies available for fraudulent activity.


Our exercise of these rights does not waive any other rights or remedies available under applicable law.



Limitation of Liability for Gift Cards


To the fullest extent permitted by law, Ferguson Farms is not liable for any loss, damage, or inconvenience arising from the cancellation, adjustment, forfeiture, loss, theft, or unauthorized use of Gift Card balances or bonus credits, whether resulting from violations of these Terms or otherwise.



6. Shipping and Delivery



Your Shipping Address Is Your Responsibility


You are solely responsible for entering a complete and accurate shipping address, including street number, apartment or unit number, city, state, and ZIP code. This applies when you create your account, at checkout, and whenever you update your account. We ship every Order to the Delivery Address and do not verify or correct addresses.


Your shipping address is displayed during checkout, on your order confirmation page, and in your order confirmation email. Please review it each time. To change it, update your account or email [email protected] before the Weekly Cutoff. We cannot guarantee changes requested after the Weekly Cutoff.



Incorrect Addresses: No Reshipment, Refund, or Credit


If an Order is shipped to an incorrect, incomplete, outdated, or undeliverable address that you provided, Ferguson Farms will not reship, refund, or credit the Order. This includes addresses saved to your account, addresses filled in automatically by your browser or device, and gift recipient addresses you entered. Perishable Orders returned to us as undeliverable cannot be resold or reshipped and will be disposed of without refund.



Do Not Request Delivery Changes Through UPS


Perishable Orders are packed for the Delivery Address and its UPS route. Holds, reroutes, address changes, delivery date changes, or other changes requested through UPS can cause your shipment to be held in transit and compromise product quality. Ferguson Farms will not reship, refund, or credit Orders affected by carrier changes you request.



Shipping Schedule



All Orders are batched at the Weekly Cutoff.

1-Day Ground Orders ship Wednesday for Thursday delivery.

2-4 Day Ground Orders ship midweek, based on UPS transit times.

All shipments include dry ice and insulated packaging.



Delivery


Delivery is complete when UPS marks a shipment as delivered to the Delivery Address. You are responsible for retrieving your Order promptly and moving it to your refrigerator or freezer. Ferguson Farms is not responsible for:



Packages not retrieved promptly after delivery;

Packages left outside and exposed to heat after delivery;

Packages lost or stolen after UPS marks them as delivered;

Deliveries you refuse, reschedule, or redirect.



7. Order Issues, Remedies, and No Returns



No Returns


Because our products are perishable, we do not accept returns for any reason.



24-Hour Reporting Requirement


Any issue with your Order must be reported within 24 hours of delivery by email to [email protected]. Include your order number and clear photos of the box, the shipping label, the contents, and the affected items. Reports received after 24 hours, or without photos, are not eligible for a remedy.



How Order Issues Are Resolved






Cause of the issue
Examples
Remedy




Customer error

Incorrect or incomplete address; changes requested through UPS; package not retrieved promptly or left outside; changes requested after the Weekly Cutoff; promotional code not applied at checkout; taste or texture preferences

No reshipment, refund, or credit



Ferguson Farms error

Wrong item packed; item damaged in packing; packing error; product quality issue confirmed by our team

Account Credit for the affected items, applied automatically to your next Order



Item charged but not shipped

Item unavailable or left out of your Order

Account Credit, applied automatically to your next Order (refund to your original payment method on request)



UPS error

Package lost, damaged in transit, or delayed by UPS so that items arrive warm (above 40°F), when not caused by the customer

One reshipment of the affected items in the next available shipping week






To qualify for reshipment for a UPS error, the issue must be reported within 24 hours with photos, and UPS tracking must show no customer-requested change to the delivery. If an affected item is unavailable for reshipment, we will contact you to choose a substitute of equal value or Account Credit.


Ferguson Farms determines the cause of each issue after reviewing your report, photos, and UPS tracking records. We may request additional information.



Account Credit


Account Credit is applied automatically to your next Order, has no cash value, and cannot be transferred, exchanged for cash, or used to purchase Gift Cards.



8. Product Storage and Food Safety


The amount of dry ice in your box is set to keep your meat between 32°F and 40°F in transit. Dry ice dissipates into a gas, so it is normal for none to remain when your box is opened.


Items that arrive frozen, or partially thawed but still cold to the touch like meat in a grocery store case, may be refrigerated, refrozen, or cooked right away. If items arrive warm (above 40°F), do not eat them. Photograph them and contact us within 24 hours at [email protected].


After delivery, you are responsible for the proper storage, handling, and cooking of all products.



9. Disclaimer of Warranties


THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERGUSON FARMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. FERGUSON FARMS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.


Nothing in this section limits Ferguson Farms' obligations under applicable food safety laws or any rights you have that cannot be waived by law.



10. Limitation of Liability


To the fullest extent permitted by law, Ferguson Farms' total liability for any claim arising from an Order or your use of the Site is limited to the amount you paid for the Order giving rise to the claim. Ferguson Farms is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or loss of data.


Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under applicable law.



11. Indemnification


You agree to indemnify, defend, and hold harmless Ferguson Farms, LLC, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or purchase of Goods; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any resale, redistribution, or misuse of Goods purchased through the Site.



12. Force Majeure


We are not responsible for delays or failures caused by events outside our reasonable control, including severe weather, natural disasters, supply chain disruptions, labor disputes, pandemic-related restrictions, or governmental actions. In such events, we will make reasonable efforts to fulfill outstanding Orders but cannot guarantee timelines. UPS errors are handled under Section 7.



13. Intellectual Property


All content on our Site, including text, images, product descriptions, logos, and media, is the exclusive property of Ferguson Farms, LLC, and may not be reproduced, distributed, or used in any form without prior written permission.



14. Privacy


Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in our Privacy Policy, available at https://fergusonfarms.farm/privacy-policy.



15. Governing Law and Dispute Resolution



Informal Resolution First


Before starting any arbitration or court proceeding, you agree to email [email protected] with a written description of your claim, your order number, and the resolution you are seeking. We agree to do the same before starting a proceeding against you. Both parties will attempt in good faith to resolve the dispute within 30 days.



Binding Arbitration


These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, unless otherwise required by applicable law. For consumer disputes involving claims of $10,000 or less, Ferguson Farms will pay all AAA filing and administrative fees.


Either party may instead bring an individual claim in small claims court in Hillsborough County, Florida, or in the county where you reside, if the claim qualifies.


Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law requires a longer period.


If 25 or more similar claims are filed against Ferguson Farms by or with the assistance of the same law firm or organization, the AAA Mass Arbitration Supplementary Rules will apply to the extent permitted by those rules.


Right to Opt Out: You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms. Your email must include your full name, the email address on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms, including the class action waiver.


CLASS ACTION WAIVER: YOU AND FERGUSON FARMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. THIS WAIVER IS AN ESSENTIAL PART OF THESE TERMS AND CANNOT BE SEVERED FROM THE ARBITRATION AGREEMENT.



16. Severability


If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect. The class action waiver in Section 15 is non-severable from the arbitration agreement; if it is found unenforceable, the arbitration agreement is also unenforceable.



17. Entire Agreement


These Terms, together with our Privacy Policy and any other policies expressly incorporated herein, constitute the entire agreement between you and Ferguson Farms regarding your use of the Site and purchase of Goods. They supersede all prior or contemporaneous communications, representations, or agreements relating to this subject matter. No employee, agent, or representative of Ferguson Farms has authority to modify these Terms except in a written document signed by an authorized officer of Ferguson Farms, LLC.



18. Updates to These Terms


We may update these Terms at any time. Changes will be posted on our Site with an updated Effective Date and apply to Orders placed after that date. Continued use of the Site after updated Terms are posted constitutes acceptance of the revised Terms.



19. Chargeback Policy


Before initiating a chargeback with your financial institution, please contact us at [email protected]. Most issues can be resolved within one business day.


If you initiate a chargeback without first contacting us, or if your chargeback is found to be invalid or unauthorized, your account may be suspended. Ferguson Farms may dispute any chargeback and submit documentation to your financial institution, including your order confirmation, the shipping address you entered, delivery records, communication history, and your acceptance of these Terms at checkout.


Customers who abuse the chargeback process, including filing chargebacks for Orders confirmed as delivered or for issues not covered under Section 7, may be permanently banned from placing future Orders.



20. Electronic Communications


By creating an account or placing an Order, you consent to receive order confirmations, shipping notices, tracking information, and other communications from us electronically. You are responsible for keeping your email address current and checking your spam or promotions folders.



21. Contact Information


Ferguson Farms, LLC
[email protected]
https://fergusonfarms.farm