Terms of Use

INTRODUCTION

Welcome to martianfarms.co (“Site”) the website of Martian Farms, Inc. (“Martian Farms”) or “we” “our” or “us”). This Site is published and maintained by us. Your access to and use of this Site, whether as a guest or registered user, is subject to the following terms and conditions (“Terms of Use”). When you access, browse, or use this Site or click to accept or agree to the Terms of Use or other Site licenses and/or other user agreements if and when such an option is made available to you, you accept, without limitation or qualification, the Terms of Use and our Privacy Policy, which is incorporated by reference.  If you do not agree with the Terms of Use, please do not use this Site. For good and valuable considerations, the receipt and sufficiency of which are acknowledged, we both agree to the terms and conditions set forth herein.

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.

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation. As such, please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you accept the changes. 

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. 

Unless otherwise stated, this Site and the content provided in this Site, including without limitation any artwork, images, or any other content made available for purchase or without charge (“Site Content”), including, but not limited to, the text, videos, graphics and images contained on the Site and their arrangement are the property of Martian Farms and/or third party licensors, and are protected by copyright and other laws protecting intellectual property and other proprietary rights. (Please note that while the terms Site and Site Content may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Content.)  All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the Martian Farms’ name, and its logos.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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.

You acknowledge and agree that except as expressly provided in these Terms of Use, or as otherwise may be expressly permitted on specific Site Content, you shall not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, re-sell, re-distribute, enhance or in any way exploit any of the Site Content in any manner.  You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Site or Site Content, without the prior written permission of Martian Farms.  You may not access or use the Site in any manner that could impair, damage or disable any Martian Farms computer system or network, or interfere with the proper working of any Martian Farms computer system or network. You may not gain, or attempt to gain, unauthorized access to any parts of the Site or any Martian Farms computer system or network.

PURCHASES/REGISTRATION

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.  

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information (including email addresses). It is a condition of your use of the Site and any resources downloaded from the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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.  

CONDUCT GUIDELINES 

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 

YOUR USE OF THE SITE AND THE SITE CONTENT IS AT YOUR OWN SOLE RISK.  IF YOU ARE DISSATISFIED WITH THE SITE OR THE SITE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE SITE CONTENT.   EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, MARTIAN FARMS MAKES NO, AND SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY SITE CONTENT, SERVICE OR INFORMATION PROVIDED ON THE SITE OR OTHERWISE RELATING TO THESE TERMS OF USE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  


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.

The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory.  Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose. 


You agree to indemnify and hold harmless Martian Farms, and its officers, members, directors, employees, agents, licensees, partners, successors and assigns, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Site of the Site Content.

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.

TERMINATION

The Terms of Use are effective until terminated by either party. Martian Farms may terminate your access to the Site immediately without notice from us if, in our sole discretion, you fail to comply with any term of condition of the Terms of Use. You may terminate your agreement with us immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site.  The sections of these Terms of Use which by their nature are designed to survive the expiration or termination of the Terms of Use shall survive the termination or expiration of these Terms of Use for any reason.

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).  


GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  


EFFECTIVE DATE:  March 29, 2022