Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Maria’s Barn. The terms “we,” “us,” and “our” refer to Maria’s Barn. Maria’s Barn operates this store and website, including all related information, content, features, tools, donation options, products, and services in order to provide you, the customer, with a donation and shopping experience (the “Services”). Maria’s Barn is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as donation terms, recurring charges, warranty disclaimers, and limitations of liability.
By visiting, interacting with, donating through, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, which can be viewed at https://mariasbarn.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have received permission from a parent or legal guardian to use the Services.
To use the Services, including accessing or browsing our online store, making a donation, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information when applicable. You represent and warrant that all information you provide is correct, current, complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - DONATIONS
Maria’s Barn may allow customers to make donations to support animal rescue, care, treatment, recovery, food, shelter, supplies, veterinary expenses, and related operational needs.
By completing a donation, you understand and agree that your donation is voluntary and final. Donations are not purchases of ownership, sponsorship rights, control over care decisions, or guaranteed outcomes for any animal.
Maria’s Barn may use donations at its discretion for the animal, campaign, rescue effort, medical treatment, recovery care, operational support, or related animal welfare needs. While we make reasonable efforts to represent campaigns accurately, veterinary needs, treatment plans, costs, campaign goals, and animal outcomes may change.
All donations are final and non-refundable to the fullest extent permitted by law, unless Maria’s Barn decides otherwise in its sole discretion.
SECTION 3 - RECURRING SUPPORT CHARGE
By completing a donation or purchase on Maria’s Barn, you may be enrolled in a small recurring monthly support charge if this option is selected, included, or disclosed at checkout.
This recurring support charge helps support Maria’s Barn’s ongoing rescue, care, treatment, feeding, shelter, recovery, and operational efforts for animals in need.
The recurring support charge will continue monthly until canceled. You authorize Maria’s Barn and its payment processors to charge your selected payment method on a recurring basis for the disclosed amount.
You may cancel future recurring charges by contacting us at support@mariasbarn.com or through any cancellation method made available to you. Canceling stops future recurring charges but does not refund donations or charges already processed.
All donations, including one-time donations and recurring support charges already processed, are final and non-refundable to the fullest extent permitted by law.
SECTION 4 - OUR PRODUCTS AND SERVICES
We make every effort to provide an accurate representation of our products, donation campaigns, services, and related content. However, please note that colors, product appearance, images, campaign updates, or website content may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the appearance, quality, results, outcome, or impact of any product, donation, campaign, or service will meet your expectations or be exactly as depicted or described on our website.
All descriptions, donation goals, campaign details, product details, and service details are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product, campaign, donation option, or service at any time.
SECTION 5 - ORDERS, DONATIONS, AND PAYMENT
When you place an order or make a donation, you are making an offer to complete that transaction. Maria’s Barn reserves the right to accept or decline your order or donation for any reason at its discretion. Your order or donation is not accepted until Maria’s Barn confirms acceptance. We must receive and process your payment before your order or donation is accepted.
Please review your order, donation amount, billing details, and any recurring support details carefully before submitting. Maria’s Barn may be unable to accommodate cancellation requests after an order or donation is accepted.
In the event that we do not accept, make a change to, or cancel an order or donation, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order or donation was made.
Purchases are subject to return or exchange solely in accordance with our Refund Policy, which can be viewed at https://mariasbarn.com/policies/refund-policy. Donations and recurring support charges already processed are final and non-refundable to the fullest extent permitted by law.
SECTION 6 - PRICES, DONATION AMOUNTS, AND BILLING
Prices, donation amounts, recurring support charges, discounts, and promotions are subject to change without notice. The price or donation amount charged will be the amount in effect at the time the transaction is placed and will be set out in your order or donation confirmation when applicable.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, import charges, or other applicable fees.
You agree to provide current, complete, and accurate purchase, donation, payment, and account information for all transactions made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly authorized to use such payment method;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all charges incurred by you, including any disclosed recurring support charges, taxes, shipping, handling, and applicable fees.
SECTION 7 - SHIPPING AND DELIVERY
For physical products, we are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect addresses, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, names, logos, brands, text, displays, images, graphics, product reviews, donation campaign content, videos, audio, website design, selection, and arrangement, are owned by Maria’s Barn, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrape, or transmit any material from the Services without our prior written consent.
Maria’s Barn’s names, logos, product names, service names, campaign names, designs, and slogans are trademarks or property of Maria’s Barn or its affiliates or licensors. You must not use such trademarks or materials without the prior written permission of Maria’s Barn.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products, services, resources, or content on third-party websites.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
Maria’s Barn is powered by Shopify, which enables us to provide the Services to you. However, any sales, donations, purchases, or transactions you make in our store are made directly with Maria’s Barn.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Maria’s Barn, including any injury, damage, loss, refund request, donation dispute, recurring charge dispute, product issue, or service issue.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your donations, purchases, transactions, or use of the Services.
SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://mariasbarn.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third-party service providers that may be located in other countries than where you reside.
Review our Privacy Policy at https://mariasbarn.com/policies/privacy-policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 13 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, proposals, photos, videos, stories, or other content, collectively “Feedback,” you grant Maria’s Barn a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including promotional or commercial use.
You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission; and
(iii) your Feedback will comply with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, misleading, or otherwise objectionable.
SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, donation campaign details, donation goals, pricing, promotions, offers, shipping charges, transit times, availability, or other content.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders, donations, or transactions if any information is inaccurate at any time without prior notice, including after you have submitted your transaction.
SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any law, rule, regulation, or ordinance;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees, representatives, partners, animals, supporters, donors, customers, or any other person;
(e) to transmit false or misleading information;
(f) to submit fraudulent donations, chargebacks, disputes, or payment information;
(g) to send spam, phishing attempts, malware, or other harmful code;
(h) to impersonate any person or entity;
(i) to scrape, copy, extract, or exploit any portion of the Services;
(j) to interfere with or circumvent the security features of the Services; or
(k) to engage in conduct that may harm Maria’s Barn, Shopify, users of the Services, animals, donors, or third parties.
We reserve the right to suspend, disable, refuse service, cancel orders, cancel donations, or terminate access at any time without notice if we determine that you have violated these Terms.
SECTION 16 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of an automated tool, bot, scraper, crawler, AI agent, or other automated system to access, use, scrape, or interact with the Services.
No automated tool or agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with all requirements we provide.
We may limit, block, or restrict automated access to the Services at any time.
Automated tools must not conceal or obfuscate their identity, mimic human behavior to bypass detection, complete or circumvent CAPTCHAs, scrape content, extract data, interfere with site performance, or avoid any measure intended to block, limit, or control access.
SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of the Services, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination, including any charges already incurred.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information, donation, and shopping purposes. We do not warrant the accuracy, completeness, usefulness, or timeliness of this information. Any reliance you place on such information is strictly at your own risk.
Maria’s Barn does not guarantee any specific animal outcome, treatment outcome, rescue outcome, recovery outcome, veterinary result, campaign result, or donation impact.
Except as expressly stated by Maria’s Barn, the Services, donation campaigns, products, and all content offered through the Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
SECTION 19 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Maria’s Barn, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, donation dissatisfaction, chargeback-related claims, campaign dissatisfaction, animal outcome dissatisfaction, service interruptions, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
This limitation applies to claims arising from your use of the Services, donations made through the Services, recurring support charges, products purchased through the Services, third-party tools, third-party links, or any other claim related in any way to your use of the Services.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Maria’s Barn, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, demands, fees, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
(1) your breach of these Terms or any policies they incorporate by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services;
(4) your donation, purchase, payment, chargeback, refund request, or dispute;
(5) your misuse of the Services; or
(6) any content, Feedback, or information you submit.
We may control the defense and settlement of any indemnified claim at your expense, including choice of counsel. You agree to cooperate in the defense of indemnified claims.
SECTION 21 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 22 - WAIVER; ENTIRE AGREEMENT
The failure of Maria’s Barn to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and Maria’s Barn and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void.
Maria’s Barn may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the jurisdiction where Maria’s Barn is headquartered, without regard to conflict of law principles.
You and Maria’s Barn consent to venue and personal jurisdiction in the applicable courts of that jurisdiction.
SECTION 25 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Maria’s Barn
Email: support@mariasbarn.com
Website: https://mariasbarn.com
Address: 204 Washington Ave #13, Miami Beach, FL 33139