Terms and Conditions

                                                             TERMS OF USE

Last updated 07/05/25 

AGREEMENT TO OUR LEGAL TERMS

We are a Limited Liability Company with a Site (5acrefarm.com). 

We operate in accordance with these legal terms as well as any other legal terms and conditions or policies linked to (these "Terms and Conditions"); all terms, policies, and conditions are referred to as (collectively, the "Legal Terms"). 

You can contact us by email at james.slayton88@gmail.com or by snail mail to:

5 Acre Farm Daylilies LLC

1578 CR 300 N

Tolono, IL 61880

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and 5 Acre Farm Daylilies LLC (5acrefarm.com), concerning your access to and use of any interactions or transactions with 5 Acre Farm Daylilies LLC. You agree that by accessing the Legal Terms, you have read, understood, and agreed to be bound by all these Legal Terms. 

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING ANY SERVICES AND INTERACTING WITH OUR SITE OR OUR BUSINESS IN ANY WAY.

Supplemental terms and conditions or documents that may be posted on the Site under the umbrella of “Legal Terms” from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of any terms under the umbrella of Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Site after the date such revised Legal Terms are posted. We recommend that you print a copy of these Legal Terms for your records. 

1. OUR SERVICES

The information provided when using the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Site or to interact with 5 Acre Farm Daylilies LLC from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights on our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Site or by use at the Farm, as well as the trademarks, servicemarks, and logos contained therein.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world. The Content and Marks are provided in or through the Site "As Is” for our use in conducting business and are here to enhance your experience, but the rights  to them remain with 5 Acre Farm Daylilies LLC.

Any photos we upload with your permission, we are the licensee for, and we will remove upon your request. Any information we obtain is kept confidential and is used to catalogue orders and to contact customers when necessary. To learn more, see our privacy policy by clicking the link below or clicking the link in the Legal Terms drop-down menu.

                                                           Privacy Policy

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the 

"PROHIBITED ACTIVITIES" section below, 

Anything posted on our Site or anything we have at our physical farm/retail location is solely for our businesses use. Nothing you have copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, shared, or otherwise exploited for any commercial purpose is prohibited except for with expressed written permission.

Questions about or request for permission on anything in our Legal Terms, please address your request to: james.slayton88@gmail.com. 

If we ever grant you permission to post, reproduce, or publicly display any part of our Site or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible onposting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Site to understand the 

(a) rights you give us and 

(b) obligations you have when you post or upload any content of ours.

Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback, or any other information about our Site or our Farm ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall make this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of our Site or through any form of contact we provide i.e. e-mail, snail mail or phone number, you:

Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Site or any Submission with 5 Acre Farm Daylilies LLC that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening towards any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for all losses that we may suffer because of your breach of 

(a) this section, 

(b) any third party’s intellectual property rights, or 

(c) applicable law.

3. USER REPRESENTATIONS

By using our Site, you represent and warrant that: 

(1) you have the legal capacity, and you agree to comply with these Legal Terms;

(2) you are not a minor under the age of thirteen (13) in the jurisdiction in which you reside;

(3) you will not access the Site through automated or non-human means, whether through a bot, script etc;

(4) you will not use the Site for any illegal or unauthorized purpose; and 

(5) your use of the Site will not violate any applicable law or regulation.

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. It is always okay to share information about us, links to us, or share images from our Site if we are credited and you are doing so to inform others of our goods and services. We have methods for you to leave reviews, negative or otherwise. You may not use images, words and other content from our Site or our Farm for your own commercial use or to claim them as your own intelectual property in any way.

As a user of our Site, you agree not to:

(1) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

(2) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as customer names or contact details or any other sensitive information.

(3) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

(4) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

(5) Use any information obtained from the Site to harass, abuse, or harm another person.

(6) Make improper use of our support services or submit false reports of abuse or misconduct.

(7) Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site, in this case framing of or linking to the Site to leak personal information or to cause some sort of harm to the Site or anyone else who uses it.

(8) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site.

(9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

(10) Delete the copyright or other proprietary rights notice from any Content, including the removal of watermarks.

(11) Attempt to impersonate any member of 5 Acre Farm Daylilies LLC.

(12) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

(13) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Site.

(14) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or business to you.

(15) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

(16) Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

(17) Except as permitted by applicable law, decipher, decompile,disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

(18) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.

(19) Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting personal information of users by electronic or other means for any purpose.

(20) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Site does not typically offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by our staff and any third parties we work with. When you create or make available any Contributions, you thereby represent and warrant that:

6. CONTRIBUTION LICENSE

(1) You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

(2) By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

(3) We hold the right to withhold any suggestions or Contributions you submit to us that we choose not to use or incorporate. 

(4) We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

In summary...

We are not obligated to use any Contributions you provide us in any area of the Site. We reserve the right to use any Contributions from any area of our Site as we see fit, if we see fit. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: 

(1) monitor the Site for violations of these Legal Terms; 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or any section of our Legal Terms, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Site, visit the Farm or interact with us on any of our social media.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new means of access under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of anything on the Site.

We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without giving a notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Legal Terms will be construed to oblige us to maintain and support the Site or to supply any corrections, updates, or releases in connection there with.

10. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Champaign County, the city of Tolono, the State of Illinois and the United States of America and you irrevocably consent that the courts of all of these shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the"Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Pursuant to the terms of the Terms of Use, the users of this Site and any of our customers agree to:

(i) resolve disputes, controversies and claims against 5 Acre Farm Daylilies LLC (5acrefarm.com) through binding arbitration instead of through courts of general jurisdiction or through a class action and 

(ii) waive the right to participate in any class action or joint arbitration.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, 

(a) no arbitration shall be joined with any other proceeding; 

(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and 

(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: 

(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; 

(b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or unauthorizeduse; and 

(c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

12. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICES AND YOUR USE THERE OF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, 

(2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, 

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR THIRD PARTIES SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, 

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR 

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

                                                                        [Notice]                                                                                                

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR TO CERTAIN UNITED STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, 

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SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

(1) use of the Site; 

(2) breach of these Legal Terms; 

(3) any breach of your representations and warranties set forth in these Legal Terms; 

(4) your violation of the rights of a third party, including but not limited to intellectual property rights; or 

(5) any harmful act toward any other user of the Site with whom you are connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree tocooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication brings forth.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such rights or provisions. These Legal Terms fully operate permissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Site. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

james.slayton88@gmail.com

                                                                                                 5 Acre Farm Daylilies LLC ©2025