Farm It Up Terms and Conditions
Last updated: September 5, 2024
Thank you for using Farm It Up! These Terms of Service (“Terms”) govern your use of the Farm It Up services, including any websites, mobile applications, devices, APIs, or artificial intelligence (“AI”) powered generative experiences that are operated by Farm It Up or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and Farm It Up Inc., a [jurisdiction] corporation, and its subsidiaries and affiliates (“Farm It Up”). This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”).
By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Farm It Up’s Privacy Policy. If you are using or accessing the Services through a Business Account, your use of the Services is governed by the Farm It Up Business Account Terms and Conditions.
SECTION 17 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES THAT ANY CLAIMS THAT YOU AND FARM IT UP HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST FARM IT UP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services include a technology platform that presents you with a set of one or more farm (each a “Farm”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Farm from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Farm personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).
You acknowledge that Farm It Up does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Farm It Up.
When you use the Services to place an order for goods, you authorize the purchase of those goods from the Farms you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that Farm It Up and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the Farm—not the Third Party Provider and not Farm It Up—is the seller of the goods to you. You agree that your purchase is being made from the Farm you have selected, that Farm is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Farm’s location. You agree that Farm It Up or the applicable Farm will obtain an authorization for your credit card, debit card, or other payment method on file with Farm It Up to cover the cost of the goods you have purchased from the Farm and any separate Farm It Up fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes, and/or tips.
Farm It Up may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), alcohol service fees, heavy order fees, direct-to-consumer shipping fees, long-distance fees (for deliveries outside the delivery area for a Farm), and special handling fees. Farm It Up may vary certain fees based on demand, order attributes, and/or other factors. Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original checkout. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery. Farms set the prices of the goods on the Services, and some Farms may set prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold. Individual Farms may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each Farm’s pricing policies (which may change from time to time) on their storefront(s) on both the website and in the Farm It Up app.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Farm It Up, Farm It Up does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Farm It Up reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged).
1. Your Use of the Services
Farm It Up grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms, Farm It Up Community Guidelines for Customers, and any other Farm It Up policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Farm It Up’s written permission, you may not reverse engineer (including tracking the inputs and outputs flowing through our system or application in order to mimic or recreate the system or application) or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Farm It Up provides for that purpose (for example, you may not “scrape” or “data mine” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services. You further agree that you will not use the Services or any information contained therein or obtained therefrom, including any output or other information derived from the Services, to directly or indirectly create, train, test, or improve any machine learning, large language, or artificial intelligence models, or similar or competing product, service, or technology (including for research purposes, open source, or other non-commercial use).
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). As between you and Farm It Up, you retain all rights in any content that you upload or submit, and are solely responsible for that content. By uploading content, you represent and warrant that you either own it or are authorized to grant Farm It Up the rights described in these Terms. You are responsible and liable if any of your content violates or infringes the intellectual property or privacy rights of any third party. You grant Farm It Up a non-exclusive, royalty-free, worldwide, transferable, sublicensable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, or distribute any such content, and to use the content to train, test, or otherwise enhance our machine learning algorithms, for the purposes of operating, providing, and improving the Services. Farm It Up may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms, the Farm It Up Community Guidelines for Customers, or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open-source licenses. In that case, Farm It Up will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open-source license will control but only with respect to the software, or portion of the software, to which it applies.
By using the Services, you represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with Farm It Up. If you are using Farm It Up Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the Farm It Up Community Guidelines for Customers (which may be updated from time to time), and you will respect those who you encounter in your use of the Services, including Third Party Providers, Farm It Up personnel, and individuals who support Farm It Up’s Help Center. Farm It Up reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion. Farm It Up may periodically offer you certain incentives or benefits (e.g., trial membership, credit, coupon, promotion code, and/or discount code).
We’re constantly modifying and improving the Services. Farm It Up may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Farm It Up with any feedback on or comments regarding the Services, you grant Farm It Up the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same. Please note that once a farmer has begun preparing your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.
If Farm It Up suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation of our Terms of Service in connection with your use of the Services (including but not limited to any order, refund, or use of an incentive or benefit), Farm It Up reserves the right to cancel the order, decline or reverse a refund, charge your card on file, revoke, cancel and/or terminate the incentive or benefit, or to take other remedial measures.
2. Farm It Up Communications
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By creating a Farm It Up user account, you agree to accept and receive communications from Farm It Up or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Farm It Up. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Farm It Up, its affiliated companies, and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by using the unsubscribe mechanism included in the message, where applicable. You may also opt-out of receiving promotional text messages from Farm It Up by replying “STOP” from the mobile device receiving the messages.
3. Coupons, Promotions, and Credits
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You may have access to promotion codes, discounts, coupon codes, and offers (“Coupons”) that may provide a benefit to you when making a purchase using the Services. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ or farms’ terms. Coupons are subject to change, cancellation, or expiration at any time and to the terms and conditions of the relevant coupon offeror. If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply. Coupons are only valid when applied to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Farm It Up is not a retailer or seller. You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that Farm It Up has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such coupons. When coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit. Coupons may not be sold, copied, modified, or transferred. Coupons have no cash value and may be limited to one per user unless otherwise disclosed. Coupons are only good while supplies last and are void where restricted or prohibited by law.
You can find more information about Coupons and other separate promotions that may be available from time to time on Farm It Up’s website and mobile applications.
You may also be offered credits to use for purchases through the Services (“Credits”). Unless otherwise stated in the terms applicable to Credits awarded to your account, Farm It Up reserves the right to modify the expiration date of any Credit upon 30 days’ email notice to you. Farm It Up reserves the right to cap or adjust the amount of Credit in your account if your total credit balance would exceed $1,500 or have more than $2,000 of credits associated with your account in a single day. Farm It Up may restrict your use of Credits to purchase certain items, and Credits have no cash value.
4. Third-party Products and Content
You agree that Farm It Up does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through the Services, nor does Farm It Up assume responsibility for your interactions with any Third-Party Provider (including a Farm). You further agree that Farm It Up does not warrant or guarantee that any product information contained on the Services, or any result returned from queries made through the Services, whether made using AI-powered generative experiences or otherwise, is accurate, complete, reliable, current, or error-free. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment, and advice of a qualified healthcare provider. Farm It Up does not warrant or guarantee that any such health, wellness, or nutritional information is accurate, complete, reliable, current, or error-free.
You understand that search results obtained from the Services, whether done through AI-powered generative experiences or otherwise, may be similar or vary between different users and at different times and may not necessarily be identical or consistent. You further agree that Farm It Up does not warrant or guarantee that any material created through any AI-powered generative experience does not infringe the rights of any third party in any subsequent use of the content you may make. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or engage with any Third-Party Provider, you agree that you do so at your own risk and that Farm It Up will have no liability based on such purchase, use, access, or engagement.
5. Gifts and Orders on Behalf of Third Parties
You may have the option to send Farm It Up orders to third-party recipients (“Recipients”). With respect to such orders, you agree to the following:
5.1 Communications by Farm It Up: You have the option to provide Farm It Up with the Recipient’s contact information. By providing the Recipient’s contact information, you are representing to Farm It Up that you have obtained the consent of the Recipient to share the Recipient’s contact information with Farm It Up for the purpose of receiving communications from Farm It Up, including via email, text message, calls, and push notifications to the cellular telephone number you provide to Farm It Up. You understand and agree that the Recipient may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Farm It Up. Message and data rates may apply. Farm It Up is not liable for delayed or undelivered mobile messages.
5.2 Sharing Recipient Data: If you choose to provide Recipient information to Farm It Up, including:
• Contact information, including a Recipient’s name, address, and telephone number;
• Information that identifies a Recipient’s relationship or association with you;
• Information about a Recipient’s food security, food assistance, and other benefits or programs in which the Recipient participates; and
• Information regarding the Recipient’s preferences, statuses, or other personal information;
you are representing to Farm It Up that you have obtained the consent of the Recipient to share this information with Farm It Up. You agree to be responsible for collecting Recipient data and obtaining authorizations to the extent legally required from Recipients for Farm It Up to use Recipient data to complete the order. Farm It Up has no responsibility or liability for the failure of you, or any third party, to obtain appropriate consent and/or authorization from a Recipient. Farm It Up will use Recipient data in the ordinary course of its business.
6. Service Provided As-Is and Release of Claims
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FARM IT UP DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, FARM IT UP MAKES NO REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM FARMS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FARM IT UP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS OR FARMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
FARM IT UP DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT FARM IT UP WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.
7. Limitation of Liability
IN NO EVENT SHALL FARM IT UP (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, FARM PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF FARM IT UP OR FARM IT UP’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FARM IT UP (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, FARM PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF FARM IT UP OR FARM IT UP’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to defend, indemnify and hold harmless Farm It Up and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and farm partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or the Farm It Up Community Guidelines for Customers; (ii) any third party’s access to or use of the Services, or any goods made available through the Services, through your Farm It Up user account, including but not limited to your spouse, dependents, third-party beneficiaries, and Recipients; (iii) any dispute or issue between you and any third party, including without limitation any Farm or other Third-Party Provider; or (iv) your subsequent use of any content created by AI-powered generative experiences.
9. Dispute Resolution & Arbitration Agreement
9.1. Overview of Dispute Resolution Process
This Section 17 provides for a two-part process for dispute resolution: (1) an informal dispute resolution process directly with Farm It Up (described in paragraph 17.2, below), and if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or ADR Services Inc. (“ADR Services”), depending on where you reside. Notwithstanding these provisions, you and Farm It Up each retain the right to seek resolution of disputes in small claims court as an alternative to arbitration.
9.2. Mandatory Informal Dispute Resolution
You and Farm It Up agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and Farm It Up agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute.
For any dispute you initiate, you agree to provide written notice to:
Farm It Up
ATTN: Legal Department
[Your Company’s Address]
Your written description must be on an individual basis and personally signed by you and not by an attorney, agent, or representative. The notice must also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that Farm It Up raises, we will send our written description of the dispute (including the information listed above), signed by an authorized Farm It Up representative, to the most recent delivery address associated with your account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.
You and Farm It Up agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration or small claims proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60-day period set forth above.
9.3. Arbitration Agreement for United States Residents
For residents of the United States, if we’re unable to work out a solution amicably, both you and Farm It Up agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim (each, a “Claim”) arising at any time, including but not limited to those arising out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications and/or any information contained on the Services; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services and any consumption or use of those goods and services; (iv) any other aspect of your relationship or transactions with Farm It Up as a consumer; or (v) Third Party Disputes (as defined in Section 17.4 below) (the “Arbitration Agreement”).
10. Termination
You can stop using the Services at any time and without notice to us. Similarly, Farm It Up may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-25 survive and continue to apply to you.
11. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Delaware for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 17 of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the federal or state courts of New Castle County, Delaware, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Farm It Up consent to the personal jurisdiction of those courts.
For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 17 (Dispute Resolution & Arbitration Agreement) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Farm It Up consent to the personal jurisdiction of those courts.
12. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Farm It Up, shall constitute the entire agreement between you and Farm It Up with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
13. No Waiver
Farm It Up’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
14. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Farm It Up may assign its rights, licenses, and obligations under these Terms without limitation.
15. Changes to the Terms
We may make changes to these Terms from time to time. When Farm It Up does so, Farm It Up will post the most current version of the Terms on Farm It Up’s website and, if a revision to the Terms is material, Farm It Up will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
16. Intellectual Property Policy
Use of the Services does not give you the right or license to frame, use, or reproduce any of Farm It Up’s copyrighted material, trademarks, service marks, or other proprietary rights or material, or a license to any of Farm It Up’s patents, except as expressly permitted in writing by Farm It Up.
Farm It Up respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with relevant laws. Farm It Up will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Farm It Up’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Farm It Up’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services; (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Farm It Up’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
17. Contact Information
If you have any questions or comments about these Terms, or if you have any customer service inquiries, please contact Farm It Up at:
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farmitup.customerservice@gmail.com
+1-770-863-0356