Welcome to EcoVeggies.com (the “Website”).
As used in this Terms & Conditions Agreement, the terms “we”, “us”, and “our” refer to VertiFarms L.L.C. dba EcoVeggies, and the terms “you” or “your” refers to the user of this Website.
Access to this Website is provided in accordance with the following terms and conditions (the “Terms”). By using this Website, you electronically agree to be legally bound by the Terms. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.
We reserve the right to change these Terms at any time for any reason. The most current version will be available by clicking on a link at the bottom of any page on our Website. Your continued access of this Website shall constitute your acceptance of any changes or revisions to these Terms.
You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials associated with the Website.
Other than connecting via http request using a web browser, you may not attempt to gain access to our servers by any means.
GRANT OF LICENSE
You are hereby granted a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to these Terms. You may not exceed the rights granted for you use of this Website, which includes unauthorized copying or distribution of any of the content displayed or used, or creating unauthorized derivative works.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Links to this website must show the entire page as it is intended to be displayed. Hotlinking images or other materials is strictly prohibited.
Any breach of these Terms shall terminate your rights to access and use any materials provided on this Website. Further, you are required to delete or destroy any downloaded or printed copies of materials from this Website.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that this Website and the information, content and software presented to you through or by this Website or used in connection with it contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, modify, redistribute, create derivative works, or rent any part of this Website or any information presented to you through it, in whole or in part.
Unless otherwise stated, all copyrights, trademarks, service marks, and other intellectual property on this Website are owned by VertiFarms L.L.C., or used by VertiFarms L.L.C. with permission.
You may look at this Website, download individual articles to your personal computer or handheld device for later reading, or print a copy for yourself. You may not remove any copyright, trademark, or other legal notices from any materials.
All rights not explicitly granted to you in these Terms are reserved by VertiFarms L.L.C.
While we aim to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice.
WE PROVIDE THIS WEBSITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THIS WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THIS WEBSITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THIS WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS TERMS & CONDITIONS AGREEMENT CANNOT CHANGE. YOU USE THIS WEBSITE AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
LINKS TO OTHER WEBSITES
Links to any third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
NOTICE AND TAKEDOWN PROCEDURE
If you believe any materials accessible on or from this Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from this Website by contacting us at firstname.lastname@example.org
The Terms and Conditions, and the policies, rules and guidelines posted on the Website constitute the entire Terms & Conditions Agreement between you and us and supersede all previous written or oral agreements or contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
CHOICE OF LAW
The law of the State of New Jersey and federal law as applicable governs this Terms & Conditions Agreement and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by the federal or state courts located in the State of New Jersey. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this Terms & Conditions Agreement in whole or in part at any time without notice to you. You may not assign this Terms & Conditions Agreement to anyone else.
Your continued use of this Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this Terms & Conditions Agreement warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Terms & Conditions Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by pall necessary and appropriate corporate or other action to execute this Terms & Conditions Agreement on behalf of the user.