Terms and Conditions of Lettuce Grow by TFP, LLC.
Welcome and thank you for visiting LettuceGrow.com ("Site") or our Lettuce Grow mobile application ("App") and our Terms and Conditions ("Terms").
PLEASE REVIEW THESE TERMS CAREFULLY, PARTICULARLY SECTION 6.2 DETAILING THE AUTO-RENEWAL SUBSCRIPTION LANGUAGE, SECTION 19.2 RELATED TO ALLERGENS, AND SECTION 21 RELATED TO BINDING ARBITRATION, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE LETTUCE GROW OFFERINGS IN ANY MANNER OR FORM.
Lettuce Grow by TFP, LLC. d/b/a Lettuce Grow ("Lettuce Grow," "We," "Our," "Us" or "Company") owns and operates this Site and the App. You agree to be bound by the following Terms when you: (1) use, access, or visit the Site; (2) use or access the App; (3) purchase or receive any good or service offered through the Site and/or App, including, but not limited to, Lettuce Grow's growing device ("Farmstand"), "Products" as defined in Section 6, or subscription service as described in Section 6 ("Membership"); (4) listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site or App ("Content"); (5) access links to or view, or upload or link messages or content to Lettuce Grow's social media pages or accounts, on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn ("Social Media").
Your use of this Site or the App is conditioned upon your acceptance of these Terms. If you do not accept these Terms, please do not use this Site or the App and do not order any Offerings from our Site or App.
1. INFORMATION ABOUT US
Lettuce Grow by TFP, LLC, d/b/a Lettuce Grow, is a limited liability corporation organized in the State of California with a mailing address at: 2711 N. Sepulveda Blvd., #714, Manhattan Beach, CA 90266.
2. SERVICE AVAILABILITY AND YOUR STATUS
The Site, the App, and Offerings, are intended for use by individuals in the United States of America ("Serviced Countries"). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an Order through our Site or App, you represent and warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site or App from a Serviced Country.
We further reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site or App, or any features or functionality of the Site of App, and the Products or Offerings at any time without notice and without obligation or liability to you.
4. ACCOUNT CREATION
In order to utilize specific features on the Site and App, users will need to create an account with Lettuce Grow. Should you create an account with Lettuce Grow, you agree to: (1) provide accurate and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible either at firstname.lastname@example.org or by calling 1-512-234-4001 if you believe there have been any breaches to the security of the Site, the App, or your account information.
5. SALE OF PRODUCTS
Lettuce Grow accepts orders for the Lettuce Grow Farmstands and any other equipment or accessories that we may offer through the Lettuce Grow Site. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, your credit card will be charged when your items ship. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Lettuce Grow Site or to your email address after your payment has been processed.
By purchasing a Farmstand from Lettuce Grow, you acknowledge you are assuming all risk and liability for use of the device. You may use Lettuce Grow's Farmstand only for lawful purposes and in accordance with these Terms.
You also agree to:
Some of the materials provided to you, such as pH indicator solution, "pH down" or "pH up" solution, can be harmful if improperly used. Please follow the instructions closely and keep these products out of reach of children. These products are not meant for consumption on their own. If ingested, contact your local Poison Control Center. If these products come into contact with you skin or eyes and cause irritation, please wash thoroughly and visit a doctor if necessary.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LETTUCE GROW FOR ANY LOSS, DAMAGE, OR CLAIM, INCLUDING BUT NOT LIMITED TO, ANY CLAIM FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH CAUSED BY IMPROPER HANDLING OF THE FARMSTAND, ANY COMPONENTS OF THE FARMSTAND, OR IMPROPER CONSUMPTION OF ANY OF THE MATERIALS PROVIDED TO YOU BY LETTUCE GROW.
6. LETTUCE GROW'S MEMBERSHIP SERVICES
6.1 Lettuce Grow's Membership. Our Membership is an automatic, recurring monthly subscription to Lettuce Grow products, including seedlings, nutrients and other items for use in connection with Farmstands ("Products"). As part of the Membership, we offer a number of subscription options that you may choose from ("Seedling Plan" or "Plan"). You will receive packages from Lettuce Grow (your "Seedling Delivery"), including the contents of your chosen Plan (a specific number and type of Seedling Plan). You can find specific details regarding your Seedling Plan and your Membership by accessing your account details via the Site or the App.
6.2 Auto-Renewal Feature. THE MEMBERSHIP CONSISTS OF AN INITIAL CHARGE FOLLOWED BY AUTOMATIC RECURRING PERIODIC CHARGES SPECIFIED IN YOUR PLAN. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP HAS INITIAL AND AUTOMATIC RECURRING PAYMENTS THAT WILL BE AUTOMATICALLY BILLED TO YOUR PAYMENT METHOD AND YOU ACCEPT RESPONSIBILITY FOR ALL CHARGES PRIOR TO DEACTIVATION OF YOUR ACCOUNT IN ACCORDANCE WITH SECTION 9.3. YOU MAY, FROM TIME TO TIME, RECEIVE AUTOMATED TEXT AND EMAIL NOTIFICATIONS FOR YOUR ACCOUNT. YOU MAY OPT OUT OF THESE NOTIFICATIONS IN PREFERENCES UNDER ‘MY ACCOUNT'. CARRIER RATES MAY APPLY TO SUCH NOTIFICATIONS. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A MEMBERSHIP BY YOU. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. TO TERMINATE YOUR MEMBERSHIP, EMAIL email@example.com OR CALL 1-512-234-4001. TO CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR LETTUCE GROW ACCOUNT, EMAIL firstname.lastname@example.org OR CALL 1-512-234-4001.
7.1 Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least thirty (30) days' advance notice of any price changes for your specific Plan. Such price changes will apply to your Membership, unless you cancel your subscription in accordance with the Term's Deactivation policy in Section 9.3. All prices shown on the Site or App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site or App. Prices, taxes or other fees may vary geographically.
7.2 Plan Add-Ons. You may have the option, from time to time, to add different features and other customized options to your Plan, including, but not limited to, premium options, new product add-ons, and modified shipping options ("Add-ons"). The addition of Add-ons may change the price of your Plan on a recurring basis. Should you have any questions about any of the options available under your Plan, please visit www.lettucegrow.com, email email@example.com or call 1-512-234-4001.
7.3 Amount to be Charged. You agree to pay the monthly fee specified when you purchased your Plan (plus any applicable taxes and other charges). Sales tax indicated at checkout is an estimate, final sales tax charged to you will be calculated when your payment method is authorized and will reflect applicable state and local taxes. If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
7.4 Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Lettuce Grow, nor any Lettuce Grow agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
7.5 Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
7.6 Bill Inquiries and Refunds. If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Customer Support at firstname.lastname@example.org or call 1-512-234-4001. Lettuce Grow will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
8. REPLACEMENT INGREDIENTS IN SEEDLING DELIVERY AND PROMOTIONAL INCLUSIONS
Given the perishable nature of many of our Products, and the potential shortage or unavailability of Products due to market conditions, our suppliers, or other causes beyond our control, we reserve the right to adjust the quantity of any Products in a Seedling Delivery, to discontinue the use of any Product, or to substitute any Products or the contents of an entire Seedling Delivery, all without notice. While we make every effort to ensure that you are provided with the very best Products for our Seedling Delivery, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or with any Productor a Seedling Delivery, please contact us at email@example.com or call 1-512-234-4001. Additionally, please note that, on occasion, Lettuce Grow will include Products from our suppliers or partners in our Seedling Deliveries which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to Section 19.2 to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Seedling Delivery, please contact Customer Care at firstname.lastname@example.org or call 1-512-234-4001.
9.1 Lettuce Grow Delivery Period. Lettuce Grow's "Delivery Period" begins on Monday and runs through the following Friday. The start of our Delivery Period means that new Seedlings are available to be delivered in your Seedling Delivery.
9.2 Changes to your Seedling Plan Selection. To change your Seedling Plan selection, log on to your Lettuce Grow Account, email email@example.com or call 1-512-234-4001. Seedling Plan changes are subject to a future effective date.
Please note that the specific days in which a Seedling Delivery can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at firstname.lastname@example.org or call 1-512-234-4001.
9.3 Deactivation Procedures. If you wish to deactivate your account, please call Lettuce Grow Customer Care at 1-512-234-4001 or email email@example.com stating that you wish to terminate your account, along with your full name and registered email address. Your Membership will be deactivated effective on the first day of your next Membership month, provided you give at least 7 days notice. Please note that we do not issue refunds for the current Membership month.
9.4 Delaying Your Order. You have the option of delaying you deliveries. In order to do so, you must contact Lettuce Grow Customer Care at 1-512-234-4001 or email firstname.lastname@example.org, the week prior to your next scheduled delivery by Friday at 12 pm CST. Please note that you will be charged your normal monthly membership fee for any paused weeks. Additionally, delaying an order shall only apply to the week in which you pause, and automatic deliveries will commence the following delivery. Customers may also pause their service upon request for longer periods of time due to vacations and seasonality. If approved, monthly membership fees and deliveries will be paused until service resumes. To do so, contact Lettuce Grow Customer Care at 1-512-234-4001 or email email@example.com.
9.5 Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Seedling Delivery is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion, or refund of a part or the whole of the purchase price for that Seedling Delivery.
10. FORCE MAJEURE
Lettuce Grow will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, circumstance, condition, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Unavailability of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Unavailability of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues.
11. RECEIPT OF THE MATERIALS AND FOOD PREPARATION
Lettuce Grow uses safe handling techniques to grow and store perishable items and may use third party delivery companies to deliver Seedling Deliveries to customers. Please note that you are responsible for reviewing the Seedling Delivery upon delivery and inspecting all of the Products contained within for any defects or other problems promptly upon delivery. If you are not home when your Seedling Delivery is delivered, the Seedling Delivery will be left at your door or in a common area. Upon the completion of your review of the Seedling Delivery, we recommend that you place seedlings in your Farmstand as soon as possible to ensure the ingredients' integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA's instructions on safe food handling, which can be found here. All Products are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Seedling Delivery, safe washing (we recommend that all fresh produce is washed prior to inclusion in any meal), and the proper preparation and cooking of all Products prior to consumption.
12. RETURN AND REFUND POLICY
You may return your Farmstand within 30 days of purchase. Returns will be subject to a $40 restocking fee, provided the Farmstand is returned in its original packaging, with all of its original parts, in undamaged condition. We do not refund the shipping fee charged at the time of checkout, or any monthly membership fees previously charged. If you do not have your original packaging, you can purchase new packaging for $25 by contacting firstname.lastname@example.org. If you do not return your Farmstand in its original packaging, you will incur an additional $25 restocking fee, and you will not be reimbursed for return shipping fees. Any refunds will be processed once the Farmstand has been received and checked-in by our warehouse. Any/all relevant return fees will be deducted from the total refund amount.
If you have received a defective Farmstand, please see Section 17 below and our Warranty information.
In the event that you are unhappy with any part of your Seedling Delivery contact us at email@example.com or call Customer Care at 1-512-234-4001 within three (3) days of the date you received the unsatisfactory item. If related to Products of a Seedling Delivery, we will send you replacement Products in your next shipment. We reserve the right, however, to require either the return of an unsatisfactory item, or a photograph of such, before any replacement Products are sent.
The provider of Products is Lettuce Grow. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
13. PROPRIETARY RIGHTS
13.1 Ownership. Lettuce Grow owns and shall retain all proprietary rights, including all copyrights, patent, trade secret, trademark and all other intellectual property rights in and to the Site, the App, all Offerings and all content features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Offerings ("Materials"). Users are only permitted to use these Materials in order to utilize Lettuce Grow's Offerings for your personal, non-commercial use. Any other use of Lettuce Grow's Materials, including modification, distribution, or reproduction for purposes other than your personal usage of Lettuce Grow's Offerings, without written approval from Lettuce Grow (which can be provided through email) is strictly prohibited.
13.2 Trademarks. "Lettuce Grow," all other Lettuce Grow marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Lettuce Grow or otherwise proprietary to Lettuce Grow and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Lettuce Grow Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Lettuce Grow Offerings.
13.3 Copyright Policy. Lettuce Grow reserves the right to terminate any user's access to the Lettuce Grow Offerings where that end-user infringes upon third-party copyrights.
Lettuce Grow respects the intellectual property of others, and we ask all users of our Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site or any of our social media sites in a way that constitutes copyright infringement, please provide Lettuce Grow's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
Please send this notification to our copyright agent at: firstname.lastname@example.org or Lettuce Grow by TFP, LLC, Attention: Copyright Agent, 2711 N. Sepulveda Blvd., #714, Manhattan Beach, CA 90266.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Lettuce Grow and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lettuce Grow's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
14. PROHIBITED USES
You may use Lettuce Grow's Site, App and Offerings only for lawful purposes and in accordance with these Terms. You agree not to use the Site, App, or Offerings:
Additionally, you agree not to:
15. USER CONDUCT
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third-party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user's account unless permitted to do so, in writing, from both the user and Lettuce Grow; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Lettuce Grow without Lettuce Grow's express written consent; (5) use the Site or App for advertising or commercial solicitation of any kind; (6) collect or record end-users' personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Lettuce Grow's Content, the Site, or the App without our prior written consent; (8) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner;(9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Lettuce Grow has not authorized to access the Site or the App, to retrieve or index data; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Site or the App for any illegal purpose.
16. USER CONTENT
16.1 User Content. The Site, App, or any social media platforms on which Lettuce Grow has an official page or feed, may include, now or in the future, areas ("Interactive Areas") that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials ("User Content"). Any User Content you post must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Prohibited Uses, User Conduct, and User Content Standards set out in Sections 14, 15, and 16.2 of these Terms, respectively).
You understand and acknowledge that you are responsible for any User Content you submit or contribute and your use of any Interactive Areas of the Site or App, and you, not Lettuce Grow, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish.
16.2 User Content Standards. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you represent and warrant that:
By using the Interactive Areas of the Site and App, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by Lettuce Grow in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, defamatory or harassing; (3) Any content that violates the proprietary rights of a third party, including but not limited to intellectual property rights and privacy rights; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site and App; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to Lettuce Grow), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, Products, or Offerings, or that may expose Lettuce Grow or others to any harm or liability of any type.
Although we are not required to regulate User Content, we reserve the right, in our sole discretion, to monitor, edit or remove User Content posted or stored on the Site or the App for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
16.3 Rights in User Content. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, the App, to our pages or feeds on third party social media platforms (e.g., Lettuce Grow's Facebook page, Instagram page, or Twitter feed), you hereby: (1) grant Lettuce Grow and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize Lettuce Grow to use such User Content for the purposes described in these Terms, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
17. LIMITED WARRANTY FOR FARMSTAND
17.1 Lettuce Grow warrants, for a period of twelve (12) months or for the length of your active Membership, whichever is longer, up to a period of 3 years ("Warranty Period"), that the Farmstand will materially perform in accordance with the Lettuce Grow assembly and growing guides ("Documentation"), and covered components of the Farmstand will be free of material defects or malfunctions during normal use in accordance with the Documentation ("Limited Warranty"). This Limited Warranty only applies to the non-commercial use of the Farmstand. Any use of the Farmstand not in conformance with the Documentation will void this Limited Warranty. This Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Farmstand remains in the possession of the original purchaser, or, for a gifted Farmstand, the owner of the original Subscription attached to that Farmstand. For Lettuce Grow's complete warranty policy please see Limited Warranty.
17.2 WARRANTY DISCLAIMER
This Limited Warranty is the exclusive warranty given by Lettuce Grow and supersedes any prior, contrary or additional representations. All other warranties, express or implied, including any statutory warranty or condition of merchantability or fitness for a particular purpose, title and noninfringment are disclaimed except to the extent prohibited by law. In such event, such warranty is limited to the duration of the Warranty Periods set forth above. This exclusion applies even if this Limited Warranty fails of its essential purposes and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
You agree to defend, indemnify and hold harmless Lettuce Grow, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products or any Offerings, or any information obtained therefor. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Lettuce Grow of any third-party claims, cooperate with Lettuce Grow in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys' fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lettuce Grow.
19.1 Safe Preparation. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE SEEDLING DELIVERIES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE SEEDLING DELIVERIES ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19.2 Allergen Information. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR OTHERS TO WHOM YOU PROVIDE PRODUCTS MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS FOR POTENTIAL ALLERGIC REACTIONS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONTACT LETTUCE GROW IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
19.3 Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR SEEDLING DELIVERY AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING, HARVEST TIMING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LETTUCE GROW, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) (COLLECTIVELY, THE “LETTUCE GROW PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROPERTY OR PROFITS, LOSS OF EMPLOYMENT, ECONOMIC LOSS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
ADDITIONALLY, IN NO EVENT SHALL THE LETTUCE GROW PARTIES BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO,ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM LETTUCE GROW, OR FROM EVENTS BEYOND LETTUCE GROW'S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE LETTUCE GROW PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LETTUCE GROW PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU FURTHER WAIVE ANY SIMILAR PROVISION OR STATUTE IN ANY OTHER JURISDICTION WHICH MAY BE APPLICABLE TO YOU.
IMPORTANT NOTE TO NEW JERSEY CONSUMERS
21. DISPUTE RESOLUTION & BINDING ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LETTUCE GROW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
21.1 Arbitration Is Binding. YOU AND LETTUCE GROW ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND LETTUCE GROW ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR OFFERINGS THROUGH THE SITE AND/OR APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
This shall not apply to any disputes arising from a party's indemnification obligations, disputes in which a party seeks to resolve an issue in small claims court, seeks injunctive relief, or other equitable relief related to the use of proprietary rights.
21.2 Preliminary Resolution Attempts. You agree to notify Lettuce Grow within thirty (30) days of the occurrence or alleged occurrence of any dispute that could rise to become a small claim or claim that can be arbitrated according to these Terms. Notification can occur by contacting Lettuce Grow at email@example.com or by mailing us at 2711 N. Sepulveda Blvd., #714, Manhattan Beach, CA 90266. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days. If we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration in accordance with these Terms.
21.3 Waiver of Class Actions & Class Arbitrations. You agree to arbitration on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against Lettuce Grow. In any such dispute, NEITHER PARTIES ARE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Unless both you and Lettuce Grow agree otherwise, the arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney's fees and court costs that Lettuce Grow incurs in seeking such relief.
This provision preventing you from bringing, joining, or participating in class action lawsuits and class arbitrations: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. The arbitral tribunal has no power to consider the enforceability of this class action and class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. You may opt-out of these dispute resolution provisions, pursuant to Section 19.5.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
21.4 Arbitration Proceedings. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
21.5 Opt Out Rights. You may pursue your claim in small-claims court rather than arbitration (as it pertains to Section 19) if you provide written notice of this intention within sixty (60) days of the day you agreed to (or are determined to have agreed to) these Terms. If you choose to opt out, send written notice to: Compliance, Lettuce Grow, 2711 N. Sepulveda Blvd., #714, Manhattan Beach, CA 90266. Please include your name, contact information, and a clear statement that you would like to opt out of the provisions related to binding arbitration. Please note that, all other provisions of the Terms, including Section 20, will still apply. The Arbitration or smalls-claim court proceeding will be limited solely to your individual dispute.
22. GOVERNING LAW AND VENUE
All matters relating to these Terms, your access to and use of the Site or App, and your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law rules or provisions (whether of the State of New York or any other jurisdiction). Any dispute arising out of, or related to, these Terms or Lettuce Grow's Offerings that is not subject to arbitration or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. TERMINATION AND SURVIVAL
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery.
24. SEVERABILITY AND WAIVER
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Lettuce Grow of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the entire agreement between you and Lettuce Grow, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us . These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Lettuce Grow. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last updated 03/06/2019