We grow the most nutrient dense fruits and vegetables in Arizona, thanks to Mother Nature. All of our products are locally grown and pesticide-free.
In order to harvest good things from the Earth, you first need to nurture the Earth, feed the soil and respect Mother Nature.
We believe that access to fresh, local food is the heart of creating healthy, happy families, communities and planet.
Rogue Rhino Farms, LLC Private Buyer’s Club
Food Safety & Allergen Warning
Warranties, Disclaimers, Limitation of Liability, and Indemnification
Food Safety & Allergen Warning
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, refrigeration, cooking, use, and consumption of the fruits and vegetables (“Products”). You are solely responsible for inspecting all Products for any damage or other issues at time of purchase or upon delivery. If you believe that any Products are not suitable for consumption, do not consume the items, and contact us.
We recommend that you immediately refrigerate all perishable Products as soon as possible and in accordance with the United States Department of Agriculture's (“USDA”) guidance on refrigeration and food safety. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
You are solely responsible for knowing about and monitoring any food allergies you may have, and handling, preparing, using, and consuming any Products accordingly. We cannot guarantee that cross-contamination will not occur between Products.
While we attempt to display accurate images of the Products on our website, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition, and other characteristics of each Product will vary from product to product. Therefore, images of Products appearing on the website are for illustrative purposes only.
Warranties, Disclaimers, Limitation of Liability, and Indemnification
1. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE GOODS AND SERVICES PROVIDED BY ROGUE RHINO FARMS, LLC (“ROGUE RHINO”), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ROGUE RHINO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. ADDITIONALLY, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
2. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE ROGUE RHINO AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
WITHOUT LIMITING THE FOREGOING, ROGUE RHINO DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE GOODS OR SERVICES. IN NO EVENT WILL ROGUE RHINO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROGUE RHINO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ROGUE RHINO'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
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 ROGUE RHINO FROM AND AGAINST, AND COVENANT NOT TO SUE ROGUE RHINO FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.
3. Indemnification
To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold Rogue Rhino, its parent, subsidiaries, affiliates, directors, officers, employees, managers, agents, representatives, members, successors, and assigns harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Products and services, including Rogue Rhino’s website (and any and all features, functionality, tools, content, events, and promotions available on and through the website), (ii) your violation of national, federal, state or local or other applicable laws, rules, or regulations, and (iii) your gross negligence or willful misconduct.
4. Obligation to Defend
You agree that, at Rogue Rhino's option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Rogue Rhino may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Rogue Rhino (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
5. No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided herein.