For Ferguson Farms - https://fergusonfarms.farm
FERGUSON FARMS – 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 accessing our Site or placing an order, you agree to these Terms. If you do not agree, please do not use our Site.
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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.
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2. ACCOUNT REGISTRATION & 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 and current information at checkout or when creating an account. You are responsible for maintaining the confidentiality of your login credentials. We are not liable for unauthorized account access caused by user negligence.
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3. ORDERS & 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:
- All standard orders and subscription orders are charged on Sunday at midnight during your shipping week.
- Gift Boxes and Gift Cards are charged immediately at checkout.
- Orders may be canceled or paused in your account until Sunday at midnight. After the weekly cutoff, all orders are final and cannot be modified or canceled, as fulfillment and inventory allocation begin immediately.
Payment Methods & Fraud Screening
We accept major credit and debit cards via Stripe. All transactions are subject to authorization and may be reviewed for fraud. Ferguson Farms reserves the right to cancel any order that fails authorization, is flagged for potential fraud, or cannot be verified. In such cases, you will be notified and any charge will be reversed. We are not liable for delays caused by payment verification holds.
Pricing & Errors
We reserve the right to 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.
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4. SUBSCRIBE & SAVE
Subscriptions renew automatically at the interval you select. You may pause, skip, modify, or cancel a subscription at any time through your online account before the Sunday midnight weekly cutoff.
Charges already processed are non-refundable. By enrolling in a subscription, you authorize Ferguson Farms to bill your payment method on a recurring basis at the selected interval until you cancel. You may cancel at any time without penalty, provided cancellation is completed before the applicable billing cutoff.
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5. GIFT CARDS, eGIFT CARDS & PROMOTIONAL CREDITS
Issuance & 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 expressly 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. Ferguson Farms will not replace Gift Card balances lost due to theft, unauthorized use, or sharing of Gift Card codes. We reserve the right to 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 issued through any Bonus Promotion 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 will expire upon cancellation or closure of the associated account. Ferguson Farms reserves the right to set an inactivity expiration window for bonus credits, after which unused bonus credits may be forfeited without further notice. Where required by applicable law, Ferguson Farms will provide advance notice before expiring inactive bonus credits.
- Bonus Promotions are limited to one (1) 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 reserves the right to 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 and regulations applicable to the receipt and redemption of promotional credits. Ferguson Farms makes no representation that Gift Card programs or promotions are available or lawful in any particular jurisdiction outside of Florida.
Prohibited Conduct
The following conduct is strictly 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 reserves the right, in its sole and absolute discretion, to:
- 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 Ferguson Farms reasonably suspects were obtained through prohibited conduct;
- Suspend or terminate any customer account engaged in prohibited conduct;
- Pursue any legal remedies available for fraudulent activity.
Ferguson Farms' exercise of these rights does not constitute a waiver of any other rights or remedies available under applicable law.
Limitation of Liability for Gift Cards
To the fullest extent permitted by law, Ferguson Farms shall not be 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.
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6. SHIPPING & DELIVERY
Orders ship to the address provided at checkout. It is the customer's responsibility to ensure the address is correct and that someone is available to retrieve perishable shipments promptly. We are not responsible for delivery issues caused by incorrect, incomplete, or inaccessible addresses.
Shipping Schedule
- All orders batch every Sunday at midnight.
- 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 Responsibility
Once UPS marks a shipment as delivered to the provided address, delivery is considered complete. Ferguson Farms is not responsible for:
- Packages not retrieved promptly after delivery;
- Delivery delays, misdeliveries, or losses caused by UPS;
- Customer rescheduling, redirecting, or refusing delivery.
Perishable Goods Disclaimer
All perishable sales are final. If your box arrives damaged, spoiled, or incorrect, you must contact us within 24 hours of delivery at [email protected] and include photos. Qualifying issues may receive a replacement, store credit, or refund at our sole discretion.
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7. RETURNS, REFUNDS & SATISFACTION POLICY
No Returns
Due to the perishable nature of our products, we do not accept returns for any reason.
24-Hour Reporting Requirement
Any quality, damage, or packaging issue must be reported within 24 hours of delivery with supporting photos sent to [email protected]. Reports submitted after this window may not be eligible for resolution.
What Is Not Covered
We cannot issue refunds or replacements for:
- Incorrect addresses submitted by the customer;
- Packages delayed, lost, or damaged by UPS (unless insured and a claim is filed);
- Products left outside and exposed to heat after delivery;
- Customer taste or texture preferences;
- Promotional codes not applied at checkout.
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8. DISCLAIMER OF WARRANTIES
FERGUSON FARMS PROVIDES ALL PRODUCTS AND SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERGUSON FARMS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FERGUSON FARMS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SITE AND PURCHASE OF GOODS IS AT YOUR SOLE RISK.
Nothing in this section limits Ferguson Farms' obligations under applicable food safety laws or our satisfaction policy in Section 7.
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9. PRODUCT STORAGE & FOOD SAFETY
Items shipped cold or partially thawed are safe if refrigerator-cold (under 40 degrees F). Cold items may be safely refrozen. If items arrive warm or spoiled, do not consume them. Contact us immediately at [email protected] with photos.
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10. LIMITATION OF LIABILITY
Our liability is limited to the amount paid for your order or $100, whichever is greater. We are not liable for indirect, incidental, special, or consequential damages of any kind, including but not limited to lost profits, loss of data, or personal injury arising from use of our products or services.
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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.
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12. FORCE MAJEURE
We are not responsible for delays or failures caused by events outside our reasonable control, including but not limited to severe weather, natural disasters, supply chain disruptions, labor disputes, carrier delays, pandemic-related restrictions, or governmental actions. In such events, we will make reasonable efforts to fulfill outstanding orders but cannot guarantee timelines.
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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.
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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. Please review it at https://fergusonfarms.farm/privacy-policy.
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15. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising under or related to these Terms will be resolved by binding arbitration in Florida, administered under the rules of the American Arbitration Association (AAA), 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.
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. THIS WAIVER IS AN ESSENTIAL PART OF THESE TERMS AND CANNOT BE SEVERED FROM THE ARBITRATION AGREEMENT.
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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 of these Terms 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 shall also be unenforceable.
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17. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated herein, constitute the entire agreement between you and Ferguson Farms regarding your use of the Site and purchase of Goods. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter herein. 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.
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18. UPDATES TO THESE TERMS
We may update these Terms at any time. Material changes will be posted on our Site with an updated Effective Date. Continued use of the Site after the updated Terms are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
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19. CHARGEBACK POLICY
Ferguson Farms is committed to resolving all concerns quickly and fairly. Before initiating a chargeback with your financial institution, we strongly encourage you to 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 reserves the right to dispute any chargeback and to submit documentation to your financial institution -- including order confirmation, delivery records, communication history, and your acknowledgment of these Terms at checkout -- as evidence in support of our position.
Customers who abuse the chargeback process, including filing chargebacks for orders confirmed as delivered or for orders covered by our published satisfaction policy, may be permanently banned from placing future orders and may be subject to recovery of costs associated with the chargeback dispute process.
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20. CONTACT INFORMATION
For questions, concerns, or support, please contact us at:
Ferguson Farms
[email protected]
https://fergusonfarms.farm