Terms of Use

Effective December, 2014

Welcome to www.barkleysmill.com (the “Site”). This Site is maintained and operated by Barkley's Mill LLC (“Barkley's Mill”, “Company”, “we”, “us”, “our”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Barkley's Mill reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at  All such terms are hereby incorporated by reference into these Terms of Service.

Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Barkley's Mill. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Barkley's Mill. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

Registration

To access certain services on the Site, you will be required to provide us with information about yourself.  All information must be truthful and you may not use any means to mask your true identity. You are responsible for maintaining the confidentiality of your access codes or passwords. You will be solely liable for any use or unauthorized use of the Site under your access codes or passwords. Barkley's Mill will not be responsible for any loss or damage arising from your failure to comply with this Section. We may suspend or terminate your access at any time with or without notice.

Modifications to Services

Barkley's Mill reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with our without notice.  You agree that Barkley's Mill will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Risk of Loss

Any merchandise purchased from our Site will be shipped via a third party carrier and as a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Taxes

Your total price will include the price of the product, shipping costs and any applicable sales taxes (sales taxes on North Carolina orders only).

Indemnification

You agree to indemnify, defend and hold harmless Barkley's Mill, its officers, directors, employees, agents, affiliates, licensors and suppliers from any and all claims, liabilities, damages, costs, and expenses of defense including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to the use of the site by you or your violations of any law or the rights of a third party.

Disclaimer of Warranties

Your use of service is at your sole risk. The service is provided on an “as is” and “as available” basis. Barkley's Mill disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Barkley's Mill makes no warranty that a) the service, products, boxes or any information will meet your expectations and requirements, b) the service will be uninterrupted, timely, secure, or error-free, c) the results obtained from the use of the service will be reliable or accurate, or d) the quality of any products, boxes, services, articles, information or other material purchased or obtained by you through the service will meet your expectations.

General

These terms will be governed by the State of North Carolina without regard to choice of law provisions. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and Barkley's Mill services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Weaverville County Court, North Carolina if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.

 

By using  the barkleysmill.com website you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use the barkleysmill.com website (or these Terms of Service) must be filed within one year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and Barkley's Mill on Southern Cross Farm with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Barkley's Mill may assign its rights and duties under this Agreement to any party without notice to you.