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Terms and Conditions

Terms of Use

Last Updated: October 3, 2011

Agrowculture.org (hereafter referred to as "Agrowculture", "we", "us", or "our") provides a location‒based online platform that connects farmers with consumers in their area, suppliers of farming technologies and other potential products(collectively, the "Services"), which Services are accessible at www.agrowculture.org, and any other websites through which Agrowculture makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Agrowculture. Please read carefully these Terms and our Privacy Policy, which may be found athttp://www.Agrowculture.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH FARMERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FOOD PRODUCTS (DEFINED BELOW) AND CONSUMERS (DEFINED BELOW). YOU UNDERSTAND AND AGREE THAT AGROWCULTURE HAS NO CONTROL OVER THE CONDUCT OF FARMERS, CONSUMERS, SUPPLIERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

"Agrowculture Content" means all Content that Agrowculture makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. "Collective Content" means Member Content and Agrowculture Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Future Farmer"- anyone interested in starting a farm with the help of Agrowculture’s resources (e.g., demand tracking, suppliers, fund raising) "Community Member"- any user who buys comestibles of food products from a Member or petitioning for a future farm "Network" the online marketplace that farmers Farmer Profiles and allows Community Members to purchase food from local farmers. Network also includes using Agrowculture’s services to help with fund raising or finding the best technology for their installation. "Suppliers"- means any and all sellers of urban farming technology, or related products. "Customer" means a Member who requests a farm via the Site, Application or Services. "Farmer" means a Member who creates a Listing via the Site, Application and Services. "Farmer Profile" means a description of a producer of comestibles including contact links, available for purchase via the Site, Application, and Services. "Member" means a farmer or supplier who completes Agrowculture’s account registration process, including, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM,OR PETITIONING FOR A FARM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modification

Agrowculture reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the establishment and location of farms as well as purchase of comestibles from farmers and goods and services from suppliers. Such comestibles are included in Listings within Farmer Profiles on the Site, Application and Services by Farmers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to purchase goods or services or create a Farmer Profile, you must first register to create an Agrowculture Account (defined below). As stated above, Agrowculture makes available a platform or marketplace with related technology for Farmers and Consumers to connect online and arrange for the purchase of comestibles. Agrowculture reserves the right to be a partial or full owner or operator of farms or provider of supplies or technologies listed on the Site and agrees to identify and make apparent such modes of operation. Agrowculture’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, Agrowculture is not a contracting agent or representative of any Farmer. Instead, Agrowculture’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE ESTABLISHMENT OF NEW URBAN FARMS, PURCHASE OF FOOD FROM URBAN FARMS, PURCHASE OF SUPPLIES AND TECHNOLOGIES TO ESTABLISH OR IMPROVE THE FARMS, AND THE CONNECTION OF CONSUMERS TO LOCAL URBAN FARMERS. Agrowculture CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCTS PURCHASED THROUGH THE SITE. Agrowculture IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE PURCHASE OF ANY AND ALL PRODUCTS MADE THROUGH THE SITE, APPLICATION AND SERVICES. ACCORDINGLY, ANY PURCHASE WILL BE MADE AT THE CONSUMER’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to create a Farmer Profile, you must register to create an account ("Agrowculture Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, is a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Agrowculture Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Agrowculture through the Site, Services or Application; or (ii) allowing Agrowculture to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Agrowculture and/or grant Agrowculture access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Agrowculture to pay any fees or making Agrowculture subject to any usage limitations imposed by such third party service providers. By granting Agrowculture access to any Third Party Accounts, you understand that Agrowculture will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Agrowculture Account and Agrowculture Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Agrowculture Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Agrowculture’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Agrowculture Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Agrowculture makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Agrowculture is not responsible for any SNS Content.

*We will create your Agrowculture Account and your Agrowculture Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Agrowculture Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Agrowculture reserves the right to suspend or terminate your Agrowculture Account and your access to the Site, Application and Services if you create more than one (1) Agrowculture Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Agrowculture Account, whether or not you have authorized such activities or actions. You will immediately notify Agrowculture of any unauthorized use of your Agrowculture Account.

Farmer Profiles and Listings

As a Member, you may create Listings within a Farmer Profile. To this end, you will be asked a variety of questions about the products to be listed, including, but not limited to, the location of the farm, type(s) of products, social networking site (SNS) links, current availability of the products and pricing and related rules and financial terms. In order to be featured in Listings, all Farmers must have a valid physical address and provide comestible items that have been grown or sourced as locally as possible and assembled, prepared and packaged in the neighborhood of sale. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to buy your products via the Site, Application and Services based upon the information provided in your Listing. You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the purchase of a product in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any product included in a Listing you post, including, but not limited to, zoning laws and (b) not conflict with the rights of third parties. Agrowculture assumes no responsibility for a Farmer’s compliance with any applicable laws, rules and regulations. You understand and agree that Agrowculture does not act as an insurer or as a contracting agent for, or representative of, you as a Farmer, and if a Consumer requests a product, any agreement you enter into with such Consumer is between you and the Consumer; Agrowculture is not a party thereto. Agrowculture reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Agrowculture, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services and its users. When you create a Listing, you may also choose to include certain requirements which must be met by the Consumers who are eligible to request a product of your Farm, including, but not limited to, requiring Consumers to have a profile picture, verified phone number, to order or pick up a product or have it delivered. Members shall fulfill these identification requirements before placing an order. Agrowculture will never require and no Farmer should request, a Member’s Social Security Number, date of birth or other personal identification information. Farmers agree to tender sold food products, as agreed between the Farmer and Customer, on the date specified and within the time window agreed. Failure to do so will result in the termination of farmer fees. Farmer fees will be refunded to a Customer if the Customer demonstrates that the Farmer misrepresented portion size, quality or any other characteristic that has been described within the listing. You acknowledge and agree that, as a Farmer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are employed by or are agents of the Farm. Agrowculture recommends that Farmers obtain appropriate insurance for their Farms. Please review any insurance policy that you may have for your Farm carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy

No Endorsement

Agrowculture does not endorse any Members or any Farmers. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Site, Application and Services.

Farmer Warranties

By using the Site, Application or Services, Farmers warrant and represent that all products listed shall be fit and safe for human consumption and comply with any written representations by the Farmer.

Orders and Financial Terms for Farmers

If you are a Farmer and a product is requested via the Site, Application and Services, you will be required to either confirm or reject the purchase within 24 hours of when the product is requested (as determined by Agrowculture in its sole discretion) or the payment and transaction request will be automatically cancelled. When a product is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Customer who has requested the product, (ii) a link to the Customers Agrowculture Account profile page, if they have one (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Customer on such SNS, and (iv) an indication that the name that the Customer provided to Agrowculture when the Customer became a Member matches the name that the Customer provided to the SNSs to which the Customer has linked his or her Agrowculture Account, so that you can view such information before confirming or rejecting the order. If you are unable to confirm or decide to reject an order of a product within such 24-hour period, any amounts collected by Agrowculture for the requested order will be refunded to the applicable Customer’s credit card and any pre-authorization of such credit card will be released. When you confirm an order requested by a Customer, Agrowculture will send you an email, text message or message via the Application confirming such order, depending on the selections you make via the Site, Application and Services. The fees displayed in each Listing are comprised of the Farmer Fees (defined below) and the Convenience Fees (defined below.) Where applicable, Taxes may be charged in addition to the Farmer Fees and Convenience Fees. The Farmer Fees, the Convenience Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The Farmer and not Agrowculture determines the Farmer and Convenience Fees. Agrowculture will collect the Total Fees at the time of order confirmation (i.e. when the Farmer confirms the order within 24 hours of the order request) and will remit the Farmer Fees (less Agrowculture’s Fees (if any – defined below)) to the Farmer within 24 hours of when the Customer receives the product.

Orders and Financial Terms for Customers

The Farmers, not Agrowculture, are solely responsible for honoring any confirmed orders and making available any Comestibles or products reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Farmer for the order of a Comestible or product, you agree and understand that you will be required to enter into an agreement with the Farmer and you agree to accept any terms, conditions, rules and restrictions associated with such transaction imposed by the Farmer. You acknowledge and agree that you, and not Agrowculture, will be responsible for performing the obligations of any such agreements, and Agrowculture is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

Listings for Comestibles or products will specify the Total Fees. As noted above, the Farmer is required to either confirm or reject the order within 24 hours of when the order is requested (as determined by Agrowculture in its sole discretion) or the requested order will be automatically cancelled. If a requested order is cancelled (i.e. not confirmed by the applicable Farmer), any amounts collected by Agrowculture will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer’s credit card will be released, if applicable. You agree to pay Agrowculture for the Total Fees for any order requested in connection with your Agrowculture Account if such requested orders are confirmed by the applicable Farmer. In order to establish an order pending the applicable Farmer’s confirmation of your requested order, you understand and agree that Agrowculture reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Agrowculture receives confirmation of your order from the applicable Farmer, Agrowculture will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Agrowculture cannot control any fees that may be charged to a Customer by his or her bank related to Agrowculture’s collection of the Total Fees, and Agrowculture disclaims all liability in this regard. In connection with your requested order, you will be asked to provide customary billing information such as name, billing address and credit card information either to Agrowculture or its third party payment processor. You agree to pay Agrowculture for any confirmed orders made in connection with your Agrowculture Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the order, either directly by Agrowculture or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Agrowculture to charge your credit card in the event of damage caused at an Comestibles or product as contemplated under "Damage to Comestibles or products" below and for Security Deposits, if applicable. If you are directed to Agrowculture’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed order transaction is complete you will receive a confirmation email summarizing your confirmed order.

Service Fees

In consideration for providing the Services herein, Agrowculture collects service fees from Farmers and Suppliers ("Service Fees") in two ways. Service Fees will be processed in two (2) ways: (i) (“Supplier Fees”) A Supplier is charged a percentage of the total sales made through the Site, Application and Services (ii) a Farmer is charged a membership fee based on the volume of Comestibles or products sold annually or based on the production capacity of the farm itself ("Farmer Fees"). Where applicable, Taxes may also be charged in addition to the Farmer Fees. Farmer Fees are deducted from the Comestibles or product Fees before remitting the Comestibles or product Fees to the Farmer, within 24 hours of when the Customer arrives to pick-up the Comestibles or products or once the Farmer has delivered them. Balances will be remitted to Farmers via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in U.S. dollars (USD). Except as otherwise provided herein, Service Fees are non-refundable.

General Order and Financial Terms Cancellations and Refunds

If, as a Customer, you cancel your requested order before the requested order is confirmed by a Farmer, Agrowculture will refund any Comestibles or product Fees collected for such requested order within a commercially reasonable time. If, as a Customer, you wish to cancel a confirmed order made via the Site, Application and Services, the cancellation policy of the Farmer contained in the applicable Listing will apply to such cancellation. If a Farmer cancels a confirmed order made via the Site, Services, and Application, Agrowculture will refund the Total Fees for such order to the applicable Customer within a commercially reasonable time of the cancellation. If a Farmer cancelled a confirmed order and you, as a Customer, have not received an email or other communication from Agrowculture, please contact Agrowculture athttp://www.Agrowculture.org/home/contact.

Recurring Payments

In some instances, Customers may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed order before beginning his or her stay at the applicable Comestibles or product (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed order, you authorize Agrowculture to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Agrowculture must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Agrowculture cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Farmer is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Farmer, Agrowculture may issue a valid VAT invoice to such Farmer.

Member Conduct

In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Agrowculture Customer or Farmer;
  • offer, as a Farmer, any Comestibles or products that you yourself have not grown or produced;
  • register for more than one Agrowculture Account or register for an Agrowculture Account on behalf of an individual other than yourself;
  • contact a Farmer for any purpose other than asking a question related to a order, such Farmer’s Comestibles or products or Listings;
  • contact a Customer for any purpose other than asking a question related to a order or such Customer’s use of the Site, Application and Services;
  • when acting as a Customer or otherwise, recruit or otherwise solicit any Farmer or other Member to join third party services or websites that are competitive to Agrowculture, without Agrowculture’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Site, Application or Services;
  • use the Site, Application and Services to find a Farmer or Customer and then complete an order of Comestibles or product transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Agrowculture’s provision of the Services;
  • as a Farmer, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Agrowculture’s name, any Agrowculture trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Agrowculture’s express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, Agrowculture’s computer systems, or the technical delivery systems of Agrowculture’s providers;
  • attempt to probe, scan, or test the vulnerability of any Agrowculture system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Agrowculture or any of Agrowculture’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing. Agrowculture will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Agrowculture may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Agrowculture has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Agrowculture reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Agrowculture, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See Agrowculture’s Privacy Policy at http://www.Agrowculture.com/home/terms and for information and notices concerning Agrowculture’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Agrowculture and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, Agrowculture grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Agrowculture reserves all rights in the Application not expressly granted to you by these Terms.

Agrowculture Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Agrowculture grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Agrowculture Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Agrowculture or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Agrowculture a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site, Application and Services. Agrowculture does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Agrowculture the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Agrowculture’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Agrowculture is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Agrowculture of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Agrowculture used herein are trademarks or registered trademarks of Agrowculture. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at support@agrowculture.org or through the Contact (www.agrowculture.org/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Agrowculture and you hereby irrevocably assign to Agrowculture and agree to irrevocably assign to Agrowculture all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Agrowculture’s request and expense, you will execute documents and take such further acts as Agrowculture may reasonably request to assist Agrowculture to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Agrowculture respects copyright law and expects its users to do the same. It is Agrowculture’s policy to terminate in appropriate circumstances the Agrowculture Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Agrowculture’s Copyright Policy atwww.agrowculture.org/terms for further information.

Termination and Agrowculture Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Agrowculture Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Agrowculture terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Agrowculture Account you will remain liable for all amounts due hereunder. You may cancel your Agrowculture Account at any time via the "Cancel Account" feature of the Services or by sending an email to support@agrowculture.org. Please note that if your Agrowculture Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AGROWCULTURE DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND FARMERS. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AGROWCULTURE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AGROWCULTURE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY COMESTIBLES OR PRODUCTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AGROWCULTURE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, COMESTIBLES OR PRODUCTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AGROWCULTURE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FARMERS OR CUSTOMERS. YOU UNDERSTAND THAT AGROWCULTURE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO INVESTIGATE OR VISIT ANY FARMS OR TO VERIFY THE QUALITY OF ANY COMESTIBLES OR PRODUCTS. AGROWCULTURE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND FARMERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR ORDER OF ANY COMESTIBLES OR PRODUCTS VIA THE SITE, APPLICATION AND SERVICES, REMAINS WITH YOU. NEITHER AGROWCULTURE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR ORDER OF ANY COMESTIBLES OR PRODUCT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AGROWCULTURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL AGROWCULTURE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR ORDER OF ANY COMESTIBLES OR PRODUCT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY COMESTIBLES OR PRODUCT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR ORDERS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A FARMER, THE AMOUNTS PAID BY AGROWCULTURE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AGROWCULTURE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BY USING THE SITE, APPLICATION OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER FARMERS, MEMBERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR FARMER, MEMBER OR OTHER THIRD PARTY WHO CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM AGROWCULTURE WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER MEMBERS, FARMERS OR CUSTOMERS, IN YOUR AREA THROUGH THE SITE AND SERVICES OR EXTERNALLY REGARDING ANY ISSUES ARISING FROM TRANSACTIONS OR INTERACTIONS WITH WHICH YOU MAY BE DISMAYED.

Indemnification

You agree to release, defend, indemnify, and hold Agrowculture and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) order of an Comestibles or product, (iii) creation of a Listing or (iv) the use, condition or rental of an Comestibles or product by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, order or use of a Comestibles or product and (d) your participation in the Referral Program or your accrual of any Agrowculture Travel Credits.

Export Control

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"): • You acknowledge and agree that (i) these Terms are concluded between you and Agrowculture only, and not Apple, and (ii) Agrowculture, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Agrowculture and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Agrowculture. • You and Agrowculture acknowledge that, as between Agrowculture and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. • You and Agrowculture acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Agrowculture and Apple, Agrowculture, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. • You and Agrowculture acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. • Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you stay with or farmer anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Agrowculture by contacting us with your police station and report number at help@agrowculture.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Agrowculture and you regarding the Site, Application, Services, Collective Content and any orders or Listings of Comestibles or products made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Agrowculture and you regarding orders or listings of Comestibles or products, the Site, Application, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Agrowculture’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Agrowculture may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Agrowculture (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York, New York or a United States District Court, Southern District of New York located in New York, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and Agrowculture agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Agrowculture are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Agrowculture otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Agrowculture will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the provisions of the "Modification" section above, if Agrowculture changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@agrowculture.org within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Agrowculture’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Agrowculture in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Agrowculture to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Agrowculture. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Agrowculture

If you have any questions about these Terms or any App Store Sourced Application, please contact Agrowculture at support@agrowculture.org.

Privacy Policy

Last Updated: August 15, 2011 Agrowculture ("Agrowculture", "we" or "us") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.agrowculture.org(collectively, the "Site") and our application for mobile devices (the "Application") . This Privacy Policy applies only to information that you provide to us through the Site and Application. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Agrowculture Account) or by means of a notice on the Site and Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.agrowculture.org/legal).

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.

Personally Identifiable Information

When you register with us through the Site or Application and become a Member and when you choose to place an order, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation for orders included in Listings. If we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the Comestibles or product included in the applicable Listing. We use your Personal Information to provide the Service and administer your inquiries. We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms. You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Agrowculture Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Agrowculture through the Site, Service or Application; or (ii) allowing Agrowculture to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Agrowculture and/or grant Agrowculture access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Agrowculture to pay any fees or making Agrowculture subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Agrowculture to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Agrowculture Account and Agrowculture Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Agrowculture Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS. We also collect the other information that you provide as part of registration and the administration and personalization of your Agrowculture Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information"). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Agrowculture Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions. We also use your Personal Information to contact you with Agrowculture newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Notifications" information. (See "Changing or Deleting Information," below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an "Agrowculture User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Agrowculture Users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser. Third party advertisers on the Site and Application may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.

Web Beacons

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns. Emailing Via an Agrowculture Account

As part of the Service, Agrowculture Users may communicate with Agrowculture Members through use of the "Contact Farmer" feature on the Site and Application. Where Agrowculture Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Agrowculture to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the "Contact Farmer" feature of the Site and Application, you may also speak with other Agrowculture Members over the phone. In these instances, Agrowculture will not share your phone number with the other Agrowculture Member, but will use your phone number to contact you over the phone to connect you with the other Agrowculture Member.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to Agrowculture. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Agrowculture Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov. Information Sharing and Disclosure

Overview

The Site, Application and Service can be used to facilitate the listing and order of Comestibles or products. Listings for such Comestibles or products are made available via the Site, Application and Service by Farmers. Listings posted by Farmers, ratings and reviews of Farmers and Customers, and the Profile Information (as defined below) of Farmers and Customers, are visible to any Agrowculture User.

Agrowculture Members and Users

When you create an Agrowculture Account, we will set up an Agrowculture Account profile page for you. Your Agrowculture Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Agrowculture Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Agrowculture, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Agrowculture Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Agrowculture Users and consequently should reflect how much you want other Agrowculture Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.

Listings

If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". We may also display the geographical location of your Listing in the form of a map so that potential Customers can see the general area and neighborhood of your Listing. If a Customer requests to make an order via the Site, Application and Service, Agrowculture will share the following information about them with the applicable Farmer: (i) your first and last name, (ii) a link to your Agrowculture Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Farmer on such SNS. All of this information will enable the Farmer to decide whether to confirm or reject your order. When a Farmer confirms an order we will share pieces of the Farmer’s Identify Information, including, but not limited to, full name, phone number, and the Farmer’s email address, with the applicable Customer selected by the Farmer and we will share pieces of the Customer’s Identify Information with the Farmer, including, but not limited to, full name, phone number and email address, so that the Customer and Farmer may contact one another directly. In no event is a Customer's Billing Information shared with a Farmer.

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Agrowculture Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. Third party vendors, including Google, use cookies to serve ads based on an Agrowculture User's prior visits to Agrowculture. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html. Compliance with Laws and Law Enforcement; Guarantee Program Agrowculture cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Agrowculture or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Agrowculture or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

Agrowculture may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Changing or Deleting Your Information All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at contact@agrowculture.org or editing the relevant part of their profile. If you would like us to cancel your Agrowculture Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Agrowculture Account. Please note that, if you cancel your Agrowculture Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.

Security

Agrowculture is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us atsupport@agrowculture.org. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Testimonials

With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us atsupport@agrowculture.org.

Our Policy Toward Children

The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@agrowculture.org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact Agrowculture at support@agrowculture.org.

Security Policy

Security Policy to be introduced when e-commerce features are launched.