Terms & Conditions
Terms of Service
1. PURCHASING
By ordering today, I authorize the credit card I provide to be charged. I represent that I have read and agree to the full Terms and Conditions of this offer, and I understand that I will be liable for payment of all products that are shipped to me.
2. SHIPPING
It is the customer’s responsibility to know the laws concerning hemp products in his/her respective state and county. Prong Creek will ship hemp products containing less than 0.3% delta 9-THC if the shipping address is within a local jurisdiction that permits the sale.
We understand the value of discretion for our customers when it comes to shipping their products. All orders are bagged in heat-sealed, mylar bags and shipped in a discreet box with a nondescript return address.
Please allow 2 business days for orders to be processed. Prong Creek makes every effort to ship orders promptly, but we do not guarantee when your order will ship.
Prong Creek ships packages via USPS with two options for our customers: first-class mailing and priority mailing. Prong Creek is not responsible for any order that is stolen outside the customer’s address, lost in transit, not delivered, or seized.
3. LIABILITY & INDEMNIFICATION
Since state legislation varies greatly regarding the specific legalities of cannabis, we encourage all of our customers to do their own research into their individual state’s laws.
By purchasing any product on this website, you agree to indemnify, defend, and hold Prong Creek and its agents, managers, officers, directors, and employees harmless from and against any and all liabilities, losses, damages, and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising from or resulting from any acts or omissions you commit, including but not limited to violations of any applicable law, regulation, or order.
4. DISCLAIMER
None of the products listed on this website have been approved by the FDA and are not intended to diagnose, treat, or cure any disease or ailment. Always check with a physician before trying any new dietary supplement or medicinal herb.
By making a purchase from our company, you are agreeing to the following statement:
“I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Results from products may vary. These items are not intended to cure, treat, or prevent any diseases.”
5. TERMS & CONDITIONS
Agreement Between User and https://prongcreek.com/
The https://prongcreek.com/ website (the “Site”) is comprised of various web pages operated by Prong Creek Farms. https://prongcreek.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://prongcreek.com/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.
Privacy
Your use of https://prongcreek.com/ is subject to Prong Creek’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://prongcreek.com/ or sending emails to Prong Creek constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—via email and on the Site—satisfy any legal requirement that such communications be in writing.
Links to Third-Party Sites/Third-Party Services
https://prongcreek.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Prong Creek, and Prong Creek is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.
Prong Creek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prong Creek of the site or any association with its operators. Certain services made available via https://prongcreek.com/ are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://prongcreek.com/ domain, you acknowledge and consent that Prong Creek may share such information and data with any third party with whom Prong Creek has a contractual relationship to provide the requested product, service, or functionality on behalf of https://prongcreek.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://prongcreek.com/ strictly in accordance with these terms of use.
As a condition of your use of the Site, you warrant to Prong Creek that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Prong Creek or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Indemnification
You agree to indemnify, defend, and hold harmless Prong Creek, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
Prong Creek reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you will fully cooperate with Prong Creek in asserting any available defenses.
Arbitration
In the event that the parties are unable to resolve any dispute arising out of or concerning these Terms and Conditions, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, such dispute shall be handled in the state of Oregon.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Changes to Terms
Prong Creek reserves the right, at its sole discretion, to update or modify the Terms governing https://prongcreek.com/ at any time. The most recent version of the Terms will take precedence over all prior versions. We encourage you to review the Terms periodically to stay informed of any changes.
Effective Date: January 1, 2025