YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SITE, AND 18 YEARS OLD TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND ENTER INTO THIS AGREEMENT ON YOUR BEHALF.
YOUR RIGHT TO USE THE SITE AND SITE CONTENT
Martian Farms grants you a non-exclusive, non-transferable, right to enter, display, and use this Site to view the information provided and to order the products and services offered by Martian Farms and its partners. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.
No portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of Martian Farms (e.g., through end user license agreements or other agreements in connection with the purchase of Martian Farms’ goods or services as applicable), except that you may download, display, and print one copy of the Site Content provided in this Site on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials unless otherwise expressly permitted by us.
We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, or content. We may also impose limits on certain features and services or restrict your access (whether or not you are a registered user) to parts or the entire Site without notice or liability.
The Site may allow you to purchase products and/or services (collectively “Products”), supplied by Martian Farms. We reserve the right to modify the price of any Products offered at any time. Martian Farms is not responsible for any error in copy or images relating to Products.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you agree to treat such information as confidential, and you shall not disclose it to any other person or entity, unless otherwise expressly permitted by us. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information, unless otherwise expressly permitted by us. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
ALL ORDERS ARE SUBJECT TO AVAILABILITY. MARTIAN FARMS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF MARTIAN FARMS AND ANY PARTNER, OR THIRD PARTY VENDOR, THE PRODUCTS OFFERED BY MARTIAN FARMS OR ITS PARTNERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS TO OR INABILITY TO PURCHASE PRODUTS OR SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE PRODUCTS OR ANY SERVICES PROVIDED HEREUNDER. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST MARTIAN FARMS RESULTING FROM YOUR USE OF THE SITE CONTENT.
You agree not to use this Site to:
- Upload, post, email or otherwise transmit any postings or other materials (“collectively “Postings”) that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, member, officer, employee, agent or representative of Martian Farms, the Site, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Martian Farms, the Site, our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Site;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user or employee of this Site; or
- Collect or store personal data or attempt to collect or store personal data about other users of the Site.
Your right to use this Site depends on your compliance with the conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these conduct guidelines if violations are brought to our attention. We reserve the right to monitor some, all, or no areas of this Site for adherence to the conduct guidelines set forth above or for any other purpose.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY; INDEMNITY
IN NO EVENT WILL MARTIAN FARMS OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RESULTING FROM LOSS OF PROFITS OR BUSINESS, OR RESULTING FROM ANY ERROR IN THE SITE CONTENT, OR RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SITE CONTENT, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF, OR RESULTING FROM USE OR ANY UNAVAILABILITY OF THE SITE, OR RESULTING FROM HARM TO YOUR PERSON, HARM OR LOSS OF EQUIPMENT, SOFTWARE OR DATA, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS, OR RESULTING FROM ANY CLAIM AGAINST YOU BY A THIRD PARTY), WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to or from this Site (“Linked Sites”) may exist. No judgment or warranty is made by Martian Farms with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. Martian Farms disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. Martian Farms does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. Martian Farms neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites. If you decide to access linked third-party websites, you do so at your own risk.
APPLICABLE LAW AND JURISDICTION.
The Site (excluding links) is controlled and operated from our facilities in and around the State of Vermont, U.S.A.. While we have made no effort to publish the Site elsewhere, because the Site is published on the Internet it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Vermont, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Site, by accessing or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of Vermont, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved exclusively in the state and federal courts of the State of Vermont. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).
EFFECTIVE DATE: March 29, 2022