You agree that your use of the Site is subject to the TOU in this Agreement. The term “User” refers to any person who accesses the Site. You are only authorized to use the Site if you agree to abide by all applicable laws and to the TOU in this Agreement. Please read this Agreement carefully. If you do not agree with the TOU, you should leave the Site.
Foster Farm Botanicals may modify the TOU in this Agreement periodically, with or without notice to you, and such modifications shall be effective upon posting by Foster Farm Botanicals on the Site. You agree to be bound by any changes to the TOU when you use the Site after any such modification is posted. It is therefore important that you review the TOU in this Agreement regularly to ensure that you are updated as to any changes.
This Agreement, and any posted revisions to the TOU in this Agreement, shall remain in full force and effect while you use the Site.
Content on the Site. You are not permitted to use any Content or to reproduce the Content in any manner without the prior written consent of Foster Farm Botanicals.
Monitoring of Content. Foster Farm Botanicals and its agents and designees reserve the right to monitor, restrict access to, edit, modify or remove any Content on the Site. Foster Farm Botanicals reserves the right at all times to disclose any information Foster Farm Botanicals deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, modify, refuse to post or to remove any information or materials, in whole or in part, in Foster Farm Botanicals’ sole discretion. THESE RIGHTS WILL NOT BE CONSTRUED TO CREATE ANY LIABILITY TO FOSTER FARM BOTANICALS IN CONNECTION WITH ANY CONTENT. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
You shall be solely responsible for your own user material and the consequences of posting or publishing it on the Service (“User Material”). In connection with User Material that you make available on the Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Foster Farm Botanicals to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the Service and in the manner contemplated by these Terms. By submitting, posting, uploading, emailing or otherwise providing User Material to Foster Farm Botanicals, you hereby grant (or warrant that the owner of such rights has expressly granted) Foster Farm Botanicals a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the Service and Foster Farm Botanicals (and its successors) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the Service a non-exclusive license to access your User Material through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Service and under these Terms.
Foster Farm Botanicals does not guarantee that any User Material will be made available on the Service, whether continuously or at all. Foster Farm Botanicals shall have no obligation to monitor any User Material. However, Foster Farm Botanicals and its agents reserve the right to monitor any User Material from time to time for any lawful purpose. Foster Farm Botanicals may, without notice to you, remove or block any User Material from the Service, including disabling access to such User Material that you have downloaded through the Service.
You acknowledge and agree that Foster Farm Botanicals has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that Foster Farm Botanicals assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, Foster Farm Botanicals is not responsible for enforcing your intellectual property rights, including filing suit or taking other legal action against infringers.
DISCLAIMERS AND LIMITATIONS ON LIABILITY. The Site may contain links to third party websites and uses a third-party vendor to provide users the ability to purchase products on the Site. When you access third party websites, you do so at your own risk. Third party links published or posted by Users or Site Sponsors do not constitute or imply an approval or endorsement by Foster Farm Botanicals of any information, materials, documents, services or products available on third party websites. Foster Farm Botanicals makes no representations about the suitability or accuracy of information, documents, materials, services or products published, posted or made available as part of the content, services or products offered by Users or Sponsors for any purpose.
ALL SUCH INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY FOSTER FARM BOTANICALS. FOSTER FARM BOTANICALS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL FOSTER FARM BOTANICALS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY THIRD PARTIES, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY FOSTER FARM BOTANICALS OR THIRD PARTIES, WHETHER OR NOT FOSTER FARM BOTANICALS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
FOSTER FARM BOTANICALS DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. FOSTER FARM BOTANICALS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR ELECTRONIC DEVICE. FOSTER FARM BOTANICALS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S ELECTRONIC DEVICE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE. UNDER NO CIRCUMSTANCES SHALL FOSTER FARM BOTANICALS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
IN ANY CASE, FOSTER FARM BOTANICALS’ TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF $50 AND ANY FEES/ PAYMENTS RECEIVED BY FOSTER FARM BOTANICALS FROM YOU FOR USING THE SITE, OR ADVERTISING ON THE SITE. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE FOSTER FARM BOTANICALS, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT FOSTER FARM BOTANICALS WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.3. REGISTRATION
Registration is not required to view most User Material provided as part of the Service. However, you may be required to register if you wish to start a product subscription, place information on the Site, post a comment or review, or upload a photo.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by the TOU in this Agreement. Foster Farm Botanicals reserves the right to investigate and take appropriate legal action against any Users who, in Foster Farm Botanicals’ sole discretion, violate this provision, including, without limitation, removing, editing or modifying any offending Content, or denying, restricting, or suspending or terminating your access to all or any part of the Site, with or without prior notice or explanation, and without liability to Foster Farm Botanicals. Foster Farm Botanicals has no obligation to take any of the above-referenced actions, and is not responsible for the conduct of any Users who violate this provision. You will not:
4.1. Use the Site in any manner that could damage, disable, overburden, or impair any of the Site’s servers or the network(s) connected to any of the Site’s servers, or interfere with any other party’s use and enjoyment of the Site.
4.2. Attempt to gain unauthorized access to any part of the Site, other accounts, computer systems or networks connected to any Site server, through hacking, password mining or any other means.
4.3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
4.4. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative, exploitive or unsolicited messages (commercial or otherwise).
4.5. Advertise products of any kind that you or someone else manufacturers, supplies, distributes. This includes not publishing, posting, uploading, discussing, mentioning or listing the telephone numbers, addresses, facsimile numbers, e-mail addresses, domain names or Web links of your manufacturing, supply, retail, or wholesale business or any other business of this type.
4.6. Publish, post, upload, link to, discuss, disseminate, mention, or list your own personal contact information if it is for the purpose of advertising, distributing or selling products or services that you or someone else manufactures, supplies, distributes or sells.
4.7. Publish, post, upload, link to, discuss, disseminate, mention or list your or anyone else’s age or e-mail address anywhere on the Site.
4.8. Publish, post, upload, link to, discuss, disseminate, mention or list names, telephone numbers, addresses, e-mail addresses, facsimile numbers, domain names or websites of any other Users.
4.9. Defame, abuse, harass, stalk, threaten, offend, provoke, name call, or otherwise violate the legal rights (including the rights of privacy and publicity) of others.
4.10. Publish, post, upload, disseminate, use or make comments which are of an abusive, violent, inappropriate, vulgar, profane, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable or unlawful nature.
4.11. Publish, post, discuss, upload, disseminate or mention information that contains content intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, disability, or sexual orientation. Hate speech of any kind is not permitted on the Site.
4.12. Publish, post, discuss, upload, disseminate or mention illegal activities of any kind, including, without limitation, references to illegal drug use, terrorist activities, making or buying illegal weapons, violating someone else’s privacy or child pornography.
4.13. Publish, post, upload, disseminate, post Web links to or otherwise make available any content, which is obscene, lewd, violent, sexually explicit, pornographic or otherwise objectionable or illegal.
4.14. Publish, post, upload, use or otherwise make available, pass off as your own, or solicit for exchange, sale or purchase, any content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
4.15. Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available any content, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
4.16. Publish, post, upload, disseminate, use, link to or otherwise make available any image, photograph or picture of any other person or User without that person’s or User’s consent.
4.17. Solicit information of any kind from or exploit in any way Users who are under the age of 18.
4.18. Upload files to the Site that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
4.19. Harvest, solicit or otherwise collect personal information from or about other Users for any purpose.
4.20. Use the Site in any manner which is inconsistent with or violates any applicable laws or regulations.
4.21. Create a false identity on the Site for the purpose of misleading others.
4.22. Publish, post, disseminate, link to, upload, use, copy or otherwise make available (whether or not for a fee) any directory of Users of the Site.
4.23. Register on the Site under a new Username if Foster Farm Botanicals has restricted, suspended or terminated your use or membership on the Site.
4.24. Register more than once or register more than one User name on the Site. If you register more than once or register any additional User name(s), Foster Farm Botanicals will delete any additional registration and/or User name from the Site and system.
4.25. Register with a Username that is offensive, deceptive or violates any other party’s rights.
4.26. Use the CBD Pages if you are under the age of 18.
4.27. Register on the Site with a non-working or inactive email address, or someone else’s email address other than your own.
4.28. Publish, post, upload, disseminate, discuss, mention or insinuate false information about other Users.
4.29. Publish, post, upload, disseminate, discuss or mention the value, validity or effectiveness of products or services of sponsors if you have never owned or used such product or services.5. UNSOLICITED IDEA SUBMISSION POLICY.
We welcome your comments and feedback about the Site and the Services. However, Foster Farm Botanicals does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send Foster Farm Botanicals such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when Foster Farm Botanicals’ services, products or marketing strategies appear similar to ideas submitted to Foster Farm Botanicals. All such submissions to Foster Farm Botanicals are considered the property of Foster Farm Botanicals. Foster Farm Botanicals does not have an obligation to protect the confidentiality of any such submission. Foster Farm Botanicals will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.6. DISCOUNT CODES.
From time to time, FOSTER FARM BOTANICALS may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions discussed below or any other restrictions as may be determined and communicated by us. Coupons are subject to the following restrictions and exclusions:
- Only valid offer codes provided or promoted by FOSTER FARM BOTANICALS will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid.
- Offer codes cannot be combined with subscription discounts
- Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us.
- FOSTER FARM BOTANICALS reserves the right to modify or cancel coupons at any time. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes.
- Coupons are valid for a limited time only.
- The coupon may only be used on www.FosterFarmBotanicals.com and in conjunction with the purchase of products shipped and sold by FosterFarmBotanicals.com and not on products sold by third-party sellers.
- If you do not purchase the qualifying items added to your cart when the coupon is in effect, the discount will not apply.
- For online purchases, the code must be entered in the ‘offer code’ field prior to checkout.
- Offer codes may not be combined and customers are limited to the use of a single offer code per order.
- Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned.
- Applicable shipping and handling charges apply to all products.
- Offer good while supplies last.
- Void where prohibited.
- FOSTER FARM BOTANICALS has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
- Consumer is required to pay any applicable sales tax related to the use of the coupon.
- Coupons are void if restricted or prohibited by law.
- Requests not complying with all offer code requirements will not be honored.
Sponsors. From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.7. NO PROFESSIONAL ADVICE.
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). By posting or submitting a review, you agree to the following conditions:
- You will not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and will not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
- You hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) your Review, for any purpose whatsoever, including promotion of the Site.
- You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you provide.
- You waive any and all rights of publicity, privacy or any other rights of a similar nature.
- You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Review that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (ii) the Review you submit does not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
- No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred,; or (ii) introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.
- Under certain circumstances, your rating of a product or service may be displayed, while your written review may not. This may occur if your written review violates one or more of the conditions discussed above or, for example, cannot be posted due to legal limitations, e.g., FDA guidelines. FOSTER FARM BOTANICALS reserves the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
Materials may be made available on the Site by third parties not within our control. Foster Farm Botanicals respects the intellectual property rights of others, and we ask the Users of the Site to do the same. It is our policy not to permit materials known by Foster Farm Botanicals to infringe another party’s copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Foster Farm Botanicals by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Foster Farm Botanicals to locate the material;
- Information reasonably sufficient to permit Foster Farm Botanicals to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Dinse, Knapp & McAndrew P.C.
209 Battery St.
Burlington, VT 05401
10. INTELLECTUAL PROPERTY OF FOSTER FARM BOTANICALS. The Site contains content protected by copyright, trademark, and other law, and Foster Farm Botanicals owns and retains all rights in this content.
11.COPYRIGHT NOTICE. Copyright © 2020 Foster Farm Botanicals. All rights reserved.
12. TRADEMARKS. FOSTER FARM BOTANICALS and FOSTER BOTANICALS and design are trademarks of Foster Farm Botanicals, LLC.
13. JURISDICTION AND DISPUTES.
This Agreement is governed by the laws of the State of Vermont, USA, without regard to its conflicts of law provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site, your breach of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Vermont. The parties waive the right to trial by jury.14. INDEMNITY.
You agree to indemnify and hold harmless Foster Farm Botanicals, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or from any breach of this Agreement.15. MISCELLANEOUS.