Last Modified: January 1, 2022
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HOMEGROWN ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By using the Platform, you represent and warrant that you are 18 or older and of legal age to form a binding contract with Homegrown and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Platform.
ACCESSING THE PLATFORM / ACCOUNT SECURITY
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform; and
You agree that all personal information you provide in connection with your use of the Platform or otherwise, including but not limited to through any communications directly to us, is governed by our Privacy Notice, which is part of our Additional Terms incorporated herein by reference as explained above, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice. YOU AGREE THAT YOU HAVE THE RIGHT TO SUBMIT ANY PERSONAL INFORMATION TO HOMEGROWN AND THAT SUCH PERSONAL INFORMATION IS ACCURATE.
INTELLECTUAL PROPERTY RIGHTS
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Homegrown, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
· Modify copies of any materials from the Platform.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: firstname.lastname@example.org
Homegrown’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Homegrown or its affiliates or licensors. You must not use such marks without the prior written permission of Homegrown. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate Homegrown, a Homegrown employee, another user or any other person or entity, including, without limitation, by using e-mail addresses, telephone numbers, or screen names associated with any of the foregoing, or otherwise submitting false information.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Homegrown or users of the Platform or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
· Copy, duplicate, alter, reverse engineer, download, publish, modify, create derivative works, publicly display or otherwise distribute any content or software contained in the Platform.
· Use any device, software or routine that interferes with the proper working of the Platform.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Attempt to gain unauthorized access to any personal information that may be contained on the Platform, the server on which the Platform is stored, or any server, computer, database or information system connected to the Platform.
Otherwise attempt to interfere with the proper working of the Platform.
CHANGES TO THE PLATFORM
We may update the content on this Platform from time to time, at our sole discretion, but its content may not necessarily or always be complete or up-to-date. Any of the material on the Platform may be out-of-date at any given time, and we are under no obligation to update such material, including without limitation the functionality of the Platform. We may choose to permanently remove the Platform at any time.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files or software available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOMEGROWN NOR ANY PERSON ASSOCIATED WITH HOMEGROWN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HOMEGROWN NOR ANYONE ASSOCIATED WITH HOMEGROWN REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Homegrown HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL Homegrown, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND IN NO EVENT WILL Homegrown, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR MORE THAN ONE HUNDRED DOLLARS IN THE AGGREGATE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
BINDING ARBITRATION / CLASS ACTION WAIVER
1. Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Homegrown expressly agree and intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, “Claims” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Platform, including any and all contents, materials and software related thereto, and/or (ii) your use of the Platform and of your User Files.
a. Initiating Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Homegrown at 900 W. Grand Avenue Porterville, CA 93257. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in San Jose, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
b. Fees. You and Homegrown will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Homegrown to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Homegrown will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit You to recover attorneys’ fees. Homegrown will not seek to recover attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
c. Class Action Waiver. YOU AND HOMEGROWN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Homegrown each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.
e. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR HOMEGROWN WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR HOMEGROWN MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. “Commencing” means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Homegrown to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Platform, intellectual property rights of Homegrown, and/or Homegrown’ of the Platform.
TERM AND TERMINATION
WAIVER AND SEVERABILITY
QUESTIONS OR COMMENTS
The contracting entity is Homegrown Organic Farms located at:
900 W. Grand Avenue
Porterville, California 93257
United States of America
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: email@example.com.