Legal
Privacy Policy
We at Dragonberry Produce, Inc. (“Dragonberry Produce,” “we,” “us,” or “our”) created this Privacy Policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Dragonberry Produce in connection with our online services, which are made available to you through our website located at https://www.dragonberryproduce.com/, https://www.dragonberryclub.com/ and all associated Dragonberry Produce website domains (collectively, the “Site”).
By visiting our Site and/or using our services, or by permitting your child to visit our Site and/or use our services, you are agreeing to the terms of this Privacy Policy, our Cookie Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning stated in our Terms of Use or our Cookie Policy.
Other than the online contact information required to obtain parental consent, we do not collect any information from users under the age of 13 unless the User’s parent or legal guardian has first provided us with consent for that User to use our services and disclose such information to us. If you are a User under the age of 13, please do not send any information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us information beyond what we request from them, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided us information in violation of this Privacy Policy, please contact us at hello@dragonberryproduce.com.
1. Personal Information We Collect.
In the preceding 12 months, we have collected the following categories and specific types of consumer personal information (collectively, “Personal Information”):
(a) “Identifiers” such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, phone number, or other similar identifiers;
(b) “Personal Information” as defined in California Customer Records law such as name, signature, address, telephone number, bank account number, credit or debit card number, other financial information;
(c) “Commercial Information” such as purchase or transaction history;
(d) “Geographic Information” such as location information, such as geolocation information;
(e) “Internet Activity Information” such as browsing history, search history, and information regarding a consumer’s interaction with an internet website application or advertisement;
(f) “Inferences” drawn from any of the above information to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
(g) “Sensitive Personal Information” such as account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; the contents of mail, email, and text messages unless the business is the intended recipient of the communication.
“Personal Information” does not include publicly available information.
The Personal Information we collect will depend on the products or services you may use, as well as your device and account settings. Not all categories of Personal Information will be collected or received about every individual.
2. How Your Information is Collected.
We may collect your Personal Information from:
(a) You—in person, by telephone, text or email, and/or through the Site and mobile apps during transactions, account creation, participation in loyalty programs, contacts with customer service.
(b) Publicly accessible sources (e.g., property records);
(c) Third parties such as affiliates, business partners, credit reporting agencies, customer due diligence providers, advertising networks, internet service providers, social networks, data analytics providers, government entities, and data brokers;
(d) Third parties with your consent (such as your bank);
(e) Cookies on our website;
(f) Automated means through your use of your mobile device or other technology, such as when you visit our websites or use our mobile applications or services, or click on advertisements or links in emails you receive from us; and
(g) Our IT systems, including automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.
3. Why We Collect Your Information.
We use Personal Information for the following business purposes:
(a) Conducting business analysis such as projections;
(b) Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
(c) Helping to ensure security and integrity and prevent fraud;
(d) Debugging to identify and repair errors that impair functionality;
(e) Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us;
(f) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing similar services on behalf of the business;
(g) Providing advertising and marketing services including targeted advertising;
(h) Undertaking activities to verify or maintain the quality or safety of a service or device and to improve, upgrade, or enhance the service or device;
(i) To comply with our legal and regulatory obligations;
(j) For the performance of our contract with you or to take steps at your request before entering into a contract;
(k) Operational reasons, such as improving efficiency, training, and quality control;
(l) Conducting checks to identify our customers and verify their identity;
(m) Gathering and providing information required by or relating to audits, inquiries, or investigations by regulatory bodies; or
(n) Where you have given consent.
4. Categories of Personal Information We Sold or Shared
We have not, in the last 12 months, sold or shared Personal Information.
5. Categories of Personal Information We Disclosed for a Business Purpose.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose with the following categories of third parties:
Categories of Third Parties and Business Purpose for Disclosure
- Our affiliates, including companies within the Dragonberry Produce group;
- Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses, and delivery companies;
- Other third parties we use to help us run our business, such as marketing agencies or website hosts;
- Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
- Our insurers and brokers;
- Our banks.
Categories of Personal Information
Identifiers;
Personal Information;
Commercial Information;
Geolocation Information;
Internet Activity Information;
Inferences; and
Sensitive Personal Information.
6. Use or Disclosure of Sensitive Personal Information.
We do not use or disclose Sensitive Personal Information for purposes other than the following:
(a) The use that is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services;
(b) To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information;
(c) To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions;
(d) To ensure the physical safety of natural persons;
(e) For short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business;
(f) To perform services on behalf of the business;
(g) To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business; and
(h) To collect or process sensitive personal information where the collection or processing is not for the purpose of inferring characteristics about a consumer.
7. How Long Your Personal Information Will Be Kept.
We will keep your personal information while you have an account with us or while we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:
(a) To respond to any questions, complaints or claims made by you or on your behalf;
(b) To show that we treated you fairly; or
(c) To keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.
8. California Residents: Your Rights Under the CCPA/CPRA.
If you are a resident of California, under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, you have the following rights:
Disclosure of Personal Information We Collect About You
You have the right to know, and request disclosure of:
- The categories of Personal Information we have collected about you, including Sensitive Personal Information;
- The categories of sources from which the personal information is collected;
- Our business or commercial purpose for collecting, selling, or sharing Personal Information;
- The categories of third parties to whom we disclose Personal Information, if any; and
- The specific pieces of personal information we have collected about you.
Please note that we are not required to:
- Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
- Provide the Personal Information to you more than twice in a 12-month period.
Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose
In connection with any Personal Information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:
- The categories of Personal Information about you that we sold or shared and the categories of third parties to whom the Personal Information was sold or shared; and
- The categories of Personal Information that we disclosed about you for a business purpose and the categories of persons to whom the Personal Information was disclosed for a business purpose.
If we use targeted behavioral advertising, you have the right to opt-out of the sale of your Personal Information or sharing of your Personal Information for targeted behavioral advertising.
Right to Limit Use of Sensitive Personal Information
If we use your Sensitive Personal Information for any purpose other than those listed at Section 6 of this Privacy Policy, you have the right to limit the use and disclosure of your sensitive personal information.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your Personal Information from our records;
- Direct any service providers or contractors to delete your personal information from their records; and
- Direct third parties to whom the business has sold or shared your personal information to delete your personal information unless this proves impossible or involves disproportionate effort.
Please note that we may not delete your personal information if it is reasonably necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Help to ensure security and integrity to the extent the use of the Personal Information is reasonably necessary and proportionate for those purposes;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right of Correction
If we maintain inaccurate Personal Information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Protection Against Retaliation
You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA/CPRA. This means we cannot, among other things:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or club programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.
9. California Residents: How to Exercise Your Rights. If you are a California resident and would like to exercise any of your rights under the CCPA/CPRA, you can do so here: https://www.dragonberryproduce.com/. You may also call us at 1-877-655-2491, or email us at hello@dragonberryproduce.com.
Please note that you may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact us, you will need to provide us with:
- Enough information to identify you (e.g., your full name, address and customer or matter reference number);
- Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
- A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
10. How We Protect Your Information.
We take commercially reasonable steps to protect the Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, email sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via email.
11. Accessing and Modifying Account Information.
If you are not a resident of California, you may update the information that is stored in your User account by e-mailing us at hello@dragonberryproduce.com.
We strive to help parents ensure that their kids have a safe experience using our Services. Parents or legal guardians can review any Personal Information collected about their child under 13 years of age, have this information deleted, request that there be no further collection or use of their child’s Personal Information, and/or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties. We take steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child’s parent or legal guardian.
12. Your Choices.
If you wish to stop receiving promotional emails, you may do so by visiting https://www.dragonberryproduce.com/ or by e-mailing hello@dragonberryproduce.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.
13. Links.
The Site may contain content, services, advertising, and other materials that link to websites operated by third parties. We have no control over those other sites, and this Privacy Policy does not apply to them. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use your Personal Information.
14. Important Notice to Users Outside the U.S.
The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site or the Services, you consent to this transfer.
15. Changes to This Privacy Policy.
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
16. How to Contact Us.
If you have any questions or concerns regarding this Privacy Policy, or you wish to contact Dragonberry Produce by phone, email or postal mail, its contact information is as follows:
Dragonberry Produce
386 S Sequoia Parkway, Canby OR 97013
Office: 503.263.8888
Toll Free: 1.877.655.2491
Terms of Use
By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Terms of Use agreement (this “Agreement”) specifies the terms and conditions applicable to your access to and use of https://www.dragonberryproduce.com/, https://www.dragonberryclub.com/ and all associated Dragonberry Produce, Inc. (“Dragonberry Produce”) website domains (collectively, the “Site”). This Agreement may be modified at any time without notice by Dragonberry Produce upon posting a modified Agreement on the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.dragonberryproduce.com/. Each use by you of the Site shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to the Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.dragonberryproduce.com/.
3. Cookies. Your visit to the Site is also governed by our Cookie Policy. Please review our Cookie Policy at https://www.dragonberryproduce.com/.
4. Ownership. All content included on the Site is and shall continue to be the property of Dragonberry Produce or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights laws. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Intended Audience. You represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
6. Registration, Account, and Communication Preferences. In order to access and use certain areas or features of the Site, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and to accept responsibility for all activities that occur under your account, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.
By creating an account, you consent to receive electronic communications from Dragonberry Produce (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
7. Intellectual Property. You acknowledge Dragonberry Produce’s exclusive rights in all Dragonberry Produce trademarks, service marks, and other intellectual property. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Dragonberry Produce or the party that provided such intellectual property to Dragonberry Produce. Dragonberry Produce and any party that provides intellectual property to the Site retain all rights to their respective intellectual property appearing in this Site, and no rights in such materials that are transferred or assigned to you.
8. Site Use. You may use this site solely for your own personal use. The use of this website is at the discretion of Dragonberry Produce and Dragonberry Produce may terminate your use of this website at any time.
9. User Conduct. You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Site. You agree that you will abide by this Agreement and will not:
(a) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(b) Use or attempt to use another user’s account without authorization from such user and Dragonberry Produce;
(c) Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
(d) Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area, or code of the Site;
(e) Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
(f) Develop any third-party applications that interact with the Sites without the prior written consent of Dragonberry Produce;
(g) Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Site, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality; or
(h) Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that all information provided by you is truthful and accurate.
11. Indemnification. You agree to indemnify, defend and hold Dragonberry Produce and our partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
12. Disclaimer. THE SITE AND ALL DRAGONBERRY PRODUCE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRAGONBERRY PRODUCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITE OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
YOU FURTHER AGREE THAT THE PRODUCTS YOU PURCHASE MAY VARY FROM THE PRODUCTS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION OR DURING EVERY SEASON. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
13. Limitation of Liability and Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAGONBERRY PRODUCE OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM DRAGONBERRY PRODUCE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DRAGONBERRY PRODUCE’S RECORDS, PROGRAMS, OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE DRAGONBERRY PRODUCE AND ITS AFFILIATES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Modifications to the Sites and Products. Dragonberry Produce reserves the right to change any and all content on the Site and to modify, suspend, or stop providing access to the Site (or any features or functionality of the Site) at any time without notice and without obligation or liability to you.
15. Use of Information. Dragonberry Produce reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy and Cookie Policy.
16. Governing Law; Venue; Actions. If there is any dispute about or involving the Site or this Agreement, you agree that any dispute shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Clackamas County, Oregon.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR PRODUCTS PROVIDED BY DRAGONBERRY PRODUCE, OR THIS AGREEMENT OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of Dragonberry Produce to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Dragonberry Produce must be in writing and signed by an authorized representative of Dragonberry Produce.
19. Termination. Dragonberry Produce may terminate this Agreement at any time, with or without notice, for any reason.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. Entire Agreement. This Agreement constitutes the entire agreement between you and Dragonberry Produce and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dragonberry Produce with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy and Cookie Policy), guidelines, or rules that may apply when you use the website.
22. Contact Information.
Dragonberry Produce
386 S Sequoia Parkway, Canby, OR 97013
Office: 503.263.8888
Toll Free: 1.877.655.2491
This Website Terms of Use was last updated on 01/01/2025.
Cookie Policy
We at Dragonberry Produce, Inc. (“Dragonberry Produce,” “we,” “us,” or “our”) created this Cookie Policy (“Cookie Policy”) because we know that you care about how information you provide to us is used and shared. This Cookie Policy relates to the information collection and use practices of Dragonberry Produce in connection with our Online Services (the “Services”), which are made available to you through our website located at https://www.dragonberryproduce.com/, https://www.dragonberryclub.com/ and all associated Dragonberry Produce website domains (collectively, the “Site”).
By visiting our Site and/or using our Services, or by permitting your child to visit our Site and/or use our Services, you are agreeing to the terms of this Cookie Policy, our Privacy Policy, and the accompanying Terms of Use. Capitalized terms not defined in this Cookie Policy shall have the meaning stated in our Terms of Use or Privacy Policy.
1. Overview.
Cookies are small text files, automatically downloaded by your browser, that can be used by websites to make a user’s experience of the site better.
They improve things by: (1) remembering settings, so you don’t have to keep re-entering them whenever you visit a new page; and (2) measuring how you use the website so we can make sure it meets your needs.
You can manage and/or delete these small files as you wish.
To learn more about cookies and how to manage them, visit AboutCookies.org or please read on to find out more about how and where we use cookies.
This website uses one or both of 2 categories of cookies:
Category 1 – Strictly Necessary Cookies
These cookies are essential in order to use the website. Without these cookies the site will not function properly, and can only be disabled by changing your browser preferences.
Category 2 – Performance Cookies
Like most websites, we use automatic data collection technology when you visit the Site to record information that identifies your computer, to track your use of our Site, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, reference and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Site and the Services (the “Usage Information”). These cookies are used to improve how our website works.
We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. If you reject cookies, you may still visit the Site, but may not be able to use some areas of the Site and/or the Services.
We do not collect Personal Information in this way, but if you’ve provided us with Personal Information, we may associate that information with the information that is collected automatically. Automatic data collection may be performed on our behalf by our Services providers.
If you choose to purchase a product of Dragonberry Produce, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”).
2. Your Choices.
If you wish to avoid the use of cookies on this Site, you must first disable cookies in your browser settings and then delete any cookies associated with this website stored in your browser. This action can be taken at any time to prevent the use of cookies.
Please note that declining or disabling cookies may result in some inconvenience when using the Site, and certain features may not function as intended.
For guidance on deleting cookies or configuring your browser to delete or block cookies, refer to your browser’s help section or support documentation.
3. Changes to this Cookie Policy.
This Cookie Policy is effective as of the date stated at the top of this Cookie Policy. We may change this Cookie Policy from time to time and will post any changes on the Site as soon as they go into effect. By accessing the Site or using the Services after we make any such changes to this Cookie Policy, you are deemed to have accepted such changes. Please refer back to this Cookie Policy on a regular basis.
4. How to Contact Us.
If you have any questions or concerns regarding this Cookie Policy, or you wish to contact Dragonberry Produce by phone, email or postal mail, its contact information is as follows:
Dragonberry Produce
386 S Sequoia Parkway, Canby OR 97013
Office: 503.263.8888
Toll Free: 1.877.655.2491
