Terms

This web site ("Site") is provided by From the Farm, together with its affiliates and subsidiaries (collectively, "From the Farm") as a service to our customers. The Site includes without limitation (a) services offered through www.fromthefarm.com and other on-line services accessible via the Site ("Services"); and (b) information such as product, program, pricing, marketing and other valuable information and content such as data, text, photographs, graphics, messages or other materials ("Content"). By placing an order through the Site or using the Site in any other manner, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms") and our Privacy Policy.

From the Farm may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that From the Farm intends to offer them in your location. From the Farm controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations. From the Farm ships within the United States of America. For international shipments, please contact us at 1-800-930-3615.

The Content is provided for general informational purposes only and does not constitute any advice, promise, or obligation of From the Farm, does not necessarily provide the most up-to-date information about From the Farm and/or its products or services, and is subject to change without notice. Although content is believed to be accurate, From the Farm does not guarantee or ensure the accuracy, completeness, or timeliness thereof.

Certain content from third parties may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such Content from sources believed by them to be reliable. From the Farm makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party Content. Likewise, From the Farm does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of use prior to using such sites. You agree that From the Farm is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.

From the Farm makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party web site, products or services provided by any third party.

Subject only to provisions outlined in our Privacy Policy, any comments or materials submitted to From the Farm through the Site, including without limitation, feedback data, such as questions, comments, suggestions, or the like regarding the Content ("Feedback") shall be deemed to be non-confidential. Further, From the Farm shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback. Any and all Content posted on the Site is owned by From the Farm and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of From the Farm or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use.

Any other use is strictly prohibited. You may not use From the Farm's name, logo or other trademarks for any purpose without the express written consent of From the Farm. Any rights not expressly granted herein are reserved by From the Farm. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, FROM THE FARM IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE OF THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT FROM THE FARM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INLCUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF FROM THE FARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF FROM THE FARM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

You agree to defend, indemnify and hold From the Farm and its affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, Services or Content. From the Farm considers protecting your personal data to be important, and has developed a Privacy Policy describing From the Farm's personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

From the Farm has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. From the Farm may access at any time and use internally for any lawful purpose information stored in its systems. From the Farm may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.

When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.