- First version, effective January 7th 2020
- Second version, effective March 11th, 2022
- Third version, effective November 5th, 2022
We offer a number of Websites and Services that include (but are not limited to) agritourism, special events, boarding, competition, education, training, scientific, rescue, consulting, and other outreach and advocacy programs.
When using our Websites, you agree to not:
- violate any federal, state, local or international rule or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, or other legal rights;
- access data through unauthorized means, such as by using an automated system, caching, spider, crawler or scraper, except for public search engine operators who have permission to copy content from this Website for the sole purpose of creating a searchable index of content for public consumption;
- use the Websites in any manner that could disable, alter, damage or otherwise impair their performance, harm Lower Sherwood, or other users of the Websites;
- attempt to circumvent any technologies implemented by us, our providers or third parties to deliver the Website content to you;
- attempt to decipher, decompile, disassemble or reverse engineer the software or underlying code used to create or deliver Website content;
- adapt, modify, translate (except for personal use), ‘frame’, ‘mirror’, or aggregate any part of the Website content; or
- advocate or encourage any third party in doing any of the above.
You are responsible and liable for your own acts and omissions and for the acts and omissions of anyone you invite to join or otherwise provide access to any Service we may provide to you. If you are bringing a minor child to one of our Services, You must be legally authorized to act on behalf of that minor and You are responsible for their supervision at all times.
Inherent Risks of Agritourism Services
The Agritourism Services that we provide have a number of inherent risks that may not be immediately obvious to You, including (but not limited to) risks of injury inherent to land, equipment, and animals (both wild and domesticated), as well as the potential for You to act in a negligent manner that may contribute to your injury or death.
Under Virginia law, We have no liability for Your injury or death if such injury or death results from these inherent risks and You assume all risk in participating in Services that we offer.
Furthermore, You assume all liability for the injury or death of any and all livestock, damage to land and crops, and damage to any equipment or structures that are participating in an Service with You either directly or incidentally.
Billing and Payments
When you book a Service through Us, You are agreeing to pay all charges for your Service including the base price of such Service, any applicable fees, transportation costs, fuel surcharges, taxes, and any other items that may be identified during checkout (the “Total Price”). You are agreeing that We may charge the payment method for the Total Price either directly or through a third party payment processor. You are also agreeing that We may charge the payment method that You provided to book Your Service in order to collect any amounts for damages incurred.
Limitation of Liability & Disclaimer of Warranties
Lower Sherwood does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information uploaded or distributed. Your reliance upon any such information shall be at your own risk.
The Websites are distributed on an “as-is” basis without any warranty of any kind, either express or implied.
While We do our best to ensure that Our Websites are always up-to-date and correct, Lower Sherwood does not warrant that the Website will be uninterrupted or error free, nor that defects will be corrected.
Lower Sherwood does not host our own server hardware, and as such does not guarantee that the servers hosting or distributing the Websites are free of viruses or other harmful components.
In no event will Lower Sherwood be liable under any legal theory to you or any other person for indirect, consequential, incidental, direct, punitive, actual, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Websites, Services or termination thereof for any reason, even if Lower Sherwood has been advised on the possibility of such damages.
Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right unless acknowledged and agreed to by Us in writing.
Our Websites and Services may contain links to third party websites that are subject to different terms and conditions. We are not responsible or liable for any aspect of those third party websites and links to such websites are not an endorsement. You are responsible for reading and agreeing to the terms of service of those websites in addition to Our own Terms.
Content and Trademarks
Content including, but not limited to, text, videos and images that are made available through our Website or through materials obtained through one of our offered Services may be protected by copyright, trademark and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are Our exclusive property and agree that You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. Furthermore, You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content.
We do grant you a limited and non-exclusive license to access and view such Content (1) for your personal and non-commercial use provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal research resource, (3) for communicating with Us about our products or services, or (4) for purchasing products or services with Us.
You further acknowledge that You will not use Our name, logo, branding, trademarks, or use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Our name or brand.
“Lower Sherwood Farm”, the leaping llama logo, and other trademarks and feature names are trademarks of Lower Sherwood LLC and may not be used without permission.
Except as they may be supplemented by additional terms and contracts, these Terms (including any other referenced terms) constitute the entire agreement between Us and You and supersede any and or prior oral or written agreements between Us and You.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
We are not liable for any delay or failure to perform resulting from causes that are outside our reasonable control, including (but not limited to) acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.