TERA FARM

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR PLATFORM, AS THEY CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND TERA FARM.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS SITE.

By accessing and using this website and/or application (“Platform”), you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  These Terms of Service expressly supersede prior agreements or arrangements with you.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Questions about the Terms of Service should be sent to us at serviceinfo@terafarm.org.

OVERVIEW 

The Platform is a digital marketplace operated by Tera Farm, a California nonprofit public benefit corporation (“Tera Farm”), to facilitate the Farm to My Neighborhood service, through which local growers (the “Grower”) sell produce and other items directly to consumers (“Service”).  Tera Farm does not grow, harvest, pack or deliver any of the products sold on this online store. Tera Farm is a volunteer-dependent organization that strives to operate at no cost to the Grower.  Tera Farm receives no remuneration from the Grower for providing the Service.  Throughout the Platform, the terms “we”, “us” and “our” refer to Tera Farm. Tera Farm offers the Platform, including all information, tools and services available from the Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

SECTION 1 - ONLINE STORE TERMS 

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 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 Platform. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 – INTELLECTUAL PROPERTY

All pages within the Platform and any material made available for download are the property of Tera Farm and/or its affiliates. The Platform is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Tera Farm. The Platform is for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

The Tera Farm and Farm to My Neighborhood names, logos, and stylized marks are the logos, trademarks, and service marks of Tera Farm. All other trademarks, service marks and logos used on the Platform are the trademarks, service marks or logos of their respective owners.

SECTION 4 - MODIFICATIONS TO THE PLATFORM, SERVICE, OR PRICES 

Prices for products shown on the Platform are subject to change without notice.  Tera Farms and/or Grower reserve the right at any time to modify or discontinue the Platform and/or the Service (or any part or content thereof) without notice at any time.  We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Platform and/or the Service. 

SECTION 5 – NO REPRESENTATIONS OR WARRANTIES

THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT AND THE SERVICE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, SERVICE, AND ANY HYPERLINKED WEBSITES.

TERA FARM, GROWER, AND THEIR AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, SERVICE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

SECTION 6 – ACCURACY OF INFORMATION

Although Tera Farm attempts to ensure the integrity and accurateness of the Platform and the information within it, Tera Farm makes no warranties or guarantees whatsoever as to the correctness or accuracy of the Platform of the information within it. It is possible that the Platform could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform serviceinfo@terafarm.org so that it can be corrected. Information contained on the Platform may be changed or updated without notice.

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Platform is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information on the Platform or about the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Platform. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We may use pictures to represent or illustrate the products or services for sale on the Platform.  While we strive to display the amount, size, shape, variety, type, breed, and colors of our products, THESE PICTURE ARE OFTEN NOT REFLECTIVE OF THE ACTUAL AMOUNT, SIZE, SHAPE, VARIETY, TYPE, BREED, OR COLOR OF THE PRODCUTS YOU WILL RECEIVE.  In the event of a conflict between the picture displayed and the written description provided, the written description is indicative of the product being purchased.  By way of example only, we may show a picture of two heads of broccoli on the product page for broccoli, but offer broccoli for sale in one half pound increments.  Because produce varies in size and weight, purchase of one half pound of broccoli may or may not equate to two heads of broccoli. Further, we cannot guarantee that your computer monitor's display of any color will be accurate.  

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Platform is void where prohibited. 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 9 - THIRD-PARTY LINKS 

Certain content, products, and services available via our Service may include materials from third-parties other than the Grower.  Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We make no representations whatsoever about any other third-party link or website that you may access though the Platform.  In addition, the existence of presence of a third-party link does not mean that we endorses or accepts any responsibility for the content, or the use, of the linked site.

When you access a third-party link, please understand that it is independent from us, and that we have no control over or responsibility for the content on that website. We are not responsible for examining or evaluating the content or accuracy for third-party websites.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 11 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Platform, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform and/or Service or any related website for violating any of the prohibited uses. 

SECTION 12 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Tera Farm, Grower, and our parent, subsidiaries, affiliates, shareholders, members, partners, officers, volunteers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Affiliates”) from any loss, cause, liability, expense, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 14 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Platform. It is your responsibility to check the Platform periodically for changes. Your continued use of or access to the Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 15 - TERMINATION 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Platform or the Service, or by ceasing use of the Platform.   The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to the Platform and/or the Service (or any part thereof). 

SECTION 16 – ARBITRATION  

Mindful of the high cost of litigation, the parties intend to and do hereby establish a quick, final and binding out of court dispute resolution procedure to be followed in the unlikely event any controversy should arise out of or concerning the performance of these Terms of Service.  Accordingly, if the parties are unable to agree, they do hereby covenant and agree to resolve their controversy through binding arbitration, as set forth herein.  

You and Tera Farm each agree that any and all disputes or claims that have arisen or may arise between you and Tera Farm relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to the Platform, the Service, or any products or services sold, offered, or purchased through the Platform shall be resolved exclusively through final and binding arbitration, rather than in court.  The California Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this section. The AAA's rules are available without cost at www.adr.org or by calling the AAA at 1-800-778-7879.  

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”).  The Notice to Tera Farm should be sent to Tera Farm at 171 Main St # 298, Los Altos, CA 94022-2912.  Tera Farm will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date.  All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Tera Farm are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Tera Farm may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Tera Farm at 171 Main St # 298, Los Altos, CA 94022-2912.  In the event Tera Farm initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Tera Farm account. Any settlement offer made by you or Tera Farm shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in Santa Clara County. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Tera Farm user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration conducted pursuant to this section, the provisions of California Code of Civil Procedure Section 1283.05, allowing discovery, are incorporated in and made a part of this agreement.  Any arbitration award shall be enforceable in accordance with the California Arbitration Act, California Code of Civil Procedure section 1280, et seq.  The costs of arbitration, including the fees of the arbitrators, shall be borne equally between the parties, to the extent permitted by California law. 

SECTION 17 - MISCELLANEOUS 

1. Enforcement.  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

1. Severability. If any one or more of the provisions contained in these Terms of Service is held by a court of competent jurisdiction (or by an arbitrator who adjudicates any dispute or interprets this Agreement) for any reason to be invalid, illegal, void, or unenforceable in any respect, the invalidity, illegality, or unenforceability of any such provision shall not affect any other provisions hereof, and these Terms of Service shall be construed as if it did not contain any invalid, illegal or unenforceable provision.

1. Controlling Law.  These Terms of Service are entered into in the State of California and the parties hereto agree the Terms of Service and the rights and remedies of the parties hereunder shall be governed by California law.  Each party consents to the exclusive jurisdiction of the Superior Court of California in and for the County of Santa Clara with respect to any dispute which is not otherwise resolved as herein provided and for the enforcement hereof.

1. Time of the Essence. Time is of the essence of these Terms of Service and failure to comply strictly with this provision and the time periods specified herein (unless waived or extended by written agreement) shall be a material breach of the Terms of Service.

1. Interpretation/Construction of Agreement.  The parties agree that any ambiguities or uncertainties shall be resolved by giving effect to the ascertained intent of the parties pursuant to California Civil Code section 1654 without any presumption against either party.