THESE TERMS CREATE A BINDING CONTRACT. 
Please read these Terms of Service ("Terms") carefully because they form a contract between you
and B&E’s Trees, LLC (“we” and “us”), collectively the “Parties” and each individually a
“Party”.
Our services allow users to purchase our products, schedule events at our farm, access maple
syrup-based recipes, and to access other related services and information through our website
(“the Website Services”). These Terms govern the use of the Website Services. These Terms also
incorporate our Privacy Policy. Please read that document carefully because it also governs your
use of the Website Services and includes important provisions of the contract between you and
us.
By using the Website Services, you agree to be bound by these Terms. If you are using the
Website Services on behalf of an organization, you are agreeing to these Terms for that
organization and promising that you have the authority to bind that organization to these Terms.
If you are agreeing on behalf of an organization, “you” and “your” will refer to that organization.
By agreeing to these Terms, you are representing to us that you are over 13 years old.
You may use the Website Services only in compliance with these Terms and only if you have the
power to form a contract with us and are not barred under any applicable laws from doing so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE
WEBSITE SERVICES.

1. PAYMENTS
You represent and warrant that you are authorized to use the payment method that you enter
when you pay for any of our products or services when using the Website Services. We may
initiate payments at the time of purchase or shortly after purchase.

2. CHANGES IN WEBSITE SERVICES
We may modify these Terms or any additional terms that apply to the Website Services. You
should look at the Terms regularly. If you do not agree to the modified Terms for the Website
Services, you should discontinue your use of the Website Services.


3.CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By providing us with your email address while using the Website Services, you understand that
we may send you communications or data regarding the Website Services via email, including
but not limited to (a) notices about your use of the Services, and (b) promotional information and
materials regarding the products and services available on the Website Services. We will give
you the opportunity to opt-out of receiving such non-mandatory emails from us by following the
opt-out instructions provided in the message.
We may also send you, in email form, mandatory notices about the Website Services and
information the law requires us to provide. Mandatory or required notices emailed to you will be
deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or
required notices. If you do not consent to receive mandatory or required notices electronically,
you must stop using the Website Services.

4. SUSPENSION AND TERMINATION OF USE
You may stop using the Website Services at any time. We may suspend or permanently prevent
your access to the Website Service at any time, in our sole discretion, with or without cause, and
with or without notice, without incurring liability of any kind. For example, we may suspend or
permanently prevent your access to or use of the Website Services for: (a) the actual or suspected
violation of these Terms; (b) the use of the Website Services in a manner that may cause us to
have legal liability or disrupt others' use of the Website Services; (c) scheduled downtime and
recurring downtime; or (d) unplanned technical problems and outages.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE WEBSITE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT
EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO
DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR
DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE
SERVICES OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT
MADE AVAILABLE THROUGH OUR WEBSITE SERVICES.
WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED
FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR
MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL,
DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS,
PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING
UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF
LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

6. MEDIATION
For claims arising out of use of the Website Services, the Parties shall first submit any dispute to
the American Arbitration Association (“AAA”) for mediation in accordance with its Commercial
Mediation Procedures, setting forth the subject of the dispute and the relief requested. If the
Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of
either Party to agree to enter into mediation or agree to any settlement proposed by the mediator,
within thirty days after the mediation, either Party may then commence binding arbitration in
accordance with the provisions of section 7.

7. ARBITATION
The Parties shall settle any controversy or claim arising out of or relating to this contract, or the
breach thereof, that is not settled in mediation, by binding arbitration administered by the AAA
in accordance with its Commercial Arbitration Rules.

8. GOVERNING LAW
This Agreement is governed by, and construed in accordance with, the laws of the State of
Wisconsin, without reference to its conflict of laws provisions or rules of construction
concerning the draftsman hereof.

9. ENTIRE AGREEMENT
These Terms (including the Privacy Policy) are the entire and exclusive agreement between you
and us with respect to the Services, and supersede and replace any other agreements, terms and
conditions applicable to the Services. These Terms create no third-party beneficiary rights. Our
failure to enforce a provision is not a waiver of our right to do so later.

10. SEVERABILITY
If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will
remain in full effect and an enforceable term will be substituted reflecting our intent as closely as
possible.

11. NON-COMPETITION
You shall not use the Website Services to compete commercially with us, such as by using the
knowledge you gained by engaging with the Website Services or any products or services
available on the Website Services to create a similar product or service and sell such product or
service in commerce.