Privacy Policy

Ever After Farms, LLC (the “Company” “We”, “Us”, “Ever After Farms”) maintains the following policies (the “Privacy Policy”) regarding the use the personal information we collect from you through the Company’s website (the “Site”). The Privacy Policy covers the Company’s treatment of your personal information that we collect when you use the Site and any plug-ins or applications. The Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information. By using the Company’s Site, you accept the terms of this Privacy Policy.

The Company may, at its option, collect Site visitor data (IP addresses, browser settings, ISP information, date or time stamps) (the “Visitor Info”). The Company may also, at its option, use ‘cookies,’ including those from third-party providers and Google applications (AdWords Remarketing, AdWords Conversion Tracking, Microsoft Ads Universal Tracking, Pinterest Tracking and Google Analytics), that allow the Company to store data on the Site visitor’s computer or device. Some of the Company’s affiliates, including Google Analytics (Remarketing, AdWords, and Google Analytics), may use cookies and web beacons to collect anonymous information about your activities on this Site to provide you targeted advertising based upon your interests. As such, you may be shown ads on sites across the Internet based upon your previous visits to the Site. The Company, as well as its affiliates and partners, reserve the right to use the cookies for purposes of analyzing ad impressions and other interactions related to your visits to the Site. Visit Google Analytics’ Ads Settings to opt out of Google’s use of cookies and customize Google Display Network ads, and Google Analytics’ Opt Out Browser Add-on for the web.. Alternatively you may to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt out page.

The Company may require its customers or Site visitors to provide us with personal information to access and use the Company products and services. Such personal information is only captured when the visitor utilizes the Site or engages in the purchase of the product or services. This sensitive information will not be used in any ads, nor aggregated or segmented based on improper data (race, ethnic background, etc). Personal information includes customer contact data, financial data, and other information necessary for the purchase or sell of the services of the products.

The Site is intended for the use of adults 18 years or older. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if requested. You also agree not to assist children under the age of 13 in accessing the Site.
We may disclose your personal information as required by law, such as in response to subpoenas or other proper court requests, and at such time as when we believe, in good faith, that disclosure is necessary to protect our legal rights.
We may share your personal information with companies that provide support services to or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.

The Site may contain various social media features, including the Facebook “like” button or Twitter “Tweet This” button, and accompanying widgets. Such features may collect your IP address, which particular page of the Site visited by you, and other data. Your interactions with these features are governed by any privacy policy or terms of service of the hosting site.
The Company will retain your information for as long as necessary for providing the products and services, or as necessary to comply with legal or other obligations. The Company may maintain such data even after it has been removed from the Site.
THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING THE SITE OR APPLICATIONS. YOU HEREBY ACKNOWLEDGE AND ASSUME THESE RISKS.
The Company may update this Privacy Policy from time to time. Any such changes will be reflected on the Site. You are encouraged to review this Privacy Policy from time to time to ensure that you are familiar with any updates or changes.

Text Messaging (“SMS”). Ever After Farms offers its customers mobile alerts and other marketing messages about events and other offers by SMS message (the “SMS Service”). By participating in the SMS Service, you are agreeing to these Privacy Policy terms and to this Privacy Policy. When you opt into our SMS program, you understand and agree that these Terms are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

Signing Up and Opting-In to the SMS Service. Enrollment in the SMS Service requires you to provide your mobile phone number and electronic signature to agree to these Terms. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the SMS Service starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this SMS Service and your agreement to these Terms. Ever After Farms reserves the right to stop offering the SMS Service at any time with or without notice.
By opting into the SMS Service, you:
• Authorize Ever After Farms to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 321-529-9319. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Messages You May Receive. Once you affirm your choice to opt into the SMS Service, your message frequency may vary. You may receive an alert when:
• you are welcomed into the SMS Service
• an order has been placed
• an order has been delivered
• an item or items has shipped; an item or items are ready for an in-store pick up
• general marketing or promotions

Charges and Carriers. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. Freedom Mentor may add or remove any wireless carrier from the SMS Service at any time without notice. Freedom Mentor. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the SMS Service. To stop receiving text messages from Ever After Farms reply STOP to any of the text messages you have received from Ever After Farms. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Ever After Farms and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Freedom Mentor through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.

Help and Questions. You can text HELP for help at any time. This will provide you a link to the Terms along with a phone number to call for assistance. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact us at 321-529-9319.

Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to notify Freedom Mentor. by emailing [email protected] or calling 321-529-9319.

Data and Message Frequency. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Ever After Farms as part of this service. Ever After Farms may use this information to contact you and provide services you request from Ever After Farms. Ever After Farms may also use this information as described in the subscription list you’ve enrolled in. Ever After Farms may use an automatic dialing system to deliver text messages to you.

As always, message and data rates may apply for any messages sent to you from us and to us from you. This does not include messages non-autodialed messages such as those from sales associates, conversations with “HELP” providers, or package delivery updates. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Freedom Mentor provides, contact us at 321-529-9319.
Freedom Mentor will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Disputes: Arbitration Agreement, and Class Waiver. Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 321-529-9319 or send the written description by U.S. Mail to ADDRESS; 1982 State Road 44, Ste 299, New Smyrna Beach, FL 32168 Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Site or our Services on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of Freedom Mentor) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of the Terms, (b) the existence, breach, termination, enforcement, interpretation or validity thereof; or (c) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Rules and Governing Law. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of laws provisions.

Arbitration Process. To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: [email protected], and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Ever After Farms will pay all fees and costs that we are required by law to pay.
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Brevard County, Florida. You and we will submit to the personal jurisdiction of the courts located within Brevard County, Florida for the purpose of litigating all such claims or disputes.

Arbitrator’s Decision. The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.
With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

Opt-Out Procedure Applicable To All Consumers. You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1) Your Name; (2) the URL of the Privacy Policy (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Privacy Policy terms.