Terms & Conditions

Terms of Service

Terms and Conditions

TERMS OF USE

Effective Date: April 2, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND APPLY TO ALL USERS VISITING THE WEB SITE BY ACCESS OR USING THE WEB SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT INCLUDING THE SERVICES, PRODUCTS, AND RESOURCES AVAILABLE OR ENABLED VIA THE WEB SITE (EACH A “SERVICE,” COLLECTIVELY “SERVICES”).

WELCOME TO FARMERTOM.COM (THE “WEB SITE”, “SITE”), A WEB SITE OWNED AND OPERATED BY FARMER TOM LAUERMAN LLC D/B/A FARMERTOM.COM, AND ITS AFFILIATES OR AGENTS (REFERRED TO AS “FARMERTOM.COM,” ”COMPANY,” “WE,” “US,” OR “OUR” BELOW). THE TERMS “YOU”, “YOUR”, REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE “USER” WHEN REGISTERED ON THE WEB SITE. YOU AFFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE”, “TERMS”, “AGREEMENT”), PERSONALLY OR ON BEHALF OF ANY ORGANIZATION YOU HAVE NAMED AS THE USER, AND TO BIND THAT ORGANIZATION IN ITS ENTIRETY TO THESE TERMS OF USE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY INTERNAL HYPERLINK. “THIRD-PARTIES” MAY INCLUDE SERVICE PROVIDERS, AGENTS, CONTRACTORS, SPONSORS AND OTHER ASSOCIATED ORGANIZATIONS. THESE TERMS OF USE GOVERN YOUR USE OF THE WEB SITE AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THE SITE AND ITS CONTENT (AS DEFINED IN “LICENSE TO USE THE SITE” BELOW). WE OFFER THE SITE TO YOU BASED UPON YOUR ACCEPTANCE OF ALL THE TERMS, CONDITIONS, POLICIES, AND NOTICES STATED HEREIN.

BY MAKING A PURCHASE YOU ARE DEMONSTRATING A CLEAR UNDERSTANDING THAT WE ARE SELLING THESE PRODUCTS AS CONTAINING CBD (CANNABIDIOL) EXTRACTED FROM INDUSTRIAL HEMP. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT OR CURE ANY DISEASE, ALWAYS CHECK WITH YOUR PHYSICIAN BEFORE STARTING ANY NEW WELLNESS REGIMEN. WE ARE COMMITTED TO COMPLETE COMPLIANCE WITH FDA REGULATIONS AND AS SUCH, BECAUSE THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FDA, WE MAKE NO CLAIMS AS TO ANY BENEFITS FOR PRODUCTS CONTAINING CBD (CANNABIDIOL) (PLEASE SEE “NO MEDICAL DIAGNOSIS OR TREATMENT” SECTION BELOW).

IF YOU DECIDE TO PURCHASE OUR PRODUCTS, YOU ARE PURCHASING THESE PRODUCTS WITH AN UNDERSTANDING OF THE LEGAL STATUS OF CBD (CANNABIDIOL) IN YOUR STATE OR JURISDICTION CONCERNING CBD PRODUCTS PRESENT AT THE TIME OF ENTERING INTO THIS AGREEMENT WITH FARMERTOM.COM

THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.

ELECTRONIC COMMUNICATIONS 

The communications between you and FarmerTom.com use electronic means, whether you visit the Web Site or send the Company e-mails, or whether Company posts notices or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from FarmerTom.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FarmerTom.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

PRIVACY POLICY

Your privacy is important to us. Accordingly, we have established and implemented a Privacy Policy describing, without limitation, what information we collect and how we use such information. Our Privacy Policy can be found at https://farmertom.com/policies/privacy-policy and is incorporated into and is a part of these Terms of Use. By entering into this Agreement, you acknowledge and agree that you have had the opportunity to review our Privacy Policy and that you consent to our collection of information consistent with its provisions. FarmerTom.com reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time.

REFUND POLICY AND TERMS OF SALE

Our “Return Policy and Terms of Sale” can be found at https://farmertom.com/policies/refund-policy for details about returns and refunds and is incorporated into and is a part of these Terms of Use. By entering into this Agreement, you acknowledge and agree that you have had the opportunity to review our “Refund Policy and Terms of Sale” and that you consent to its provisions.

ACCESS AND USE OF THE WEB SITE

BY CHECKING “I AGREE”, USING THE WEB SITE, COMPLETING THE REGISTRATION PROCESS (AS DEFINED IN THE “REGISTRATION” SECTION BELOW), BROWSING THE SITE, AND/OR PURCHASING PRODUCTS FROM THE SITE, YOU AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF USE. THESE TERMS OF USE FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE SITE. IF YOU DO NOT AGREE TO OR ARE UNWILLING TO AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THE SITE BECAUSE YOUR CONTINUED USE WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS OF USE.

YOU MUST BE OVER 18 YEARS OF AGE AND OF THE LEGAL AGE IN YOUR JURISDICTION TO BUY AND OR USE ANY FARMERTOM.COM PRODUCT. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS. IF YOU ARE NOT OVER 18 YEARS OF AGE PLEASE EXIT AND THE SITE ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.

THE PRODUCTS PROVIDED ON THIS SITE ARE INTENDED FOR LEGAL USE. IT IS YOUR SOLE RESPONSIBILITY TO KNOW LOCAL LAWS REGARDING THE PURCHASE, POSSESSION, AND USE OF THE PRODUCTS PROVIDED WITHIN THIS SITE. FARMERTOM.COM WILL NOT BE LIABLE FOR ANY USE OR MISUSE OF ANY PRODUCT OR SERVICES PURCHASED OR ACCESSED ON THE SITE.

THE WEB SITE, THE SERVICES, AND THE INFORMATION AND CONTENT AVAILABLE ON THE WEB SITE AND IN THE SERVICES (COLLECTIVELY, THE “COMPANY PROPERTIES”) CONTAINS COPYRIGHTED MATERIAL, TRADEMARKS, AND OTHER PROPRIETARY INFORMATION, INCLUDING TEXT, SOFTWARE, PHOTOS, GRAPHICS, AND OTHER SIMILAR CONTENT OWNED OR LICENSED TO FARMERTOM.COM OR ITS AFFILIATES. THE ENTIRE CONTENTS OF THE SITE ARE COPYRIGHTED AS A COLLECTIVE WORK UNDER COPYRIGHT LAWS OF THE UNITED STATES AND AROUND THE WORLD. WE OWN THE COPYRIGHT IN THE SELECTION, COORDINATION, ARRANGEMENT, AND ENHANCEMENT OF SUCH CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE IS PROTECTED BY COPYRIGHT, TRADEMARK, TRADE SECRET, AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS LAWS WORLDWIDE. ALL TRADEMARKS APPEARING ON THE SITE ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS, INCLUDING FARMERTOM.COM AND/OR ITS AFFILIATES.

PLEASE BE AWARE THAT THE SECTION “ARBITRATION AND CLASS WAIVER” BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AND CLASS WAIVER WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION FROM ONE ARBITRATOR THAT, AMONG OTHER THINGS, WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN THE SECTION LABELED “ARBITRATION AND CLASS WAIVER” OR IF YOU OPT-OUT. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED AND SHALL NOT APPLY TO THIS AGREEMENT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN “ARBITRATION AND CLASS WAIVER” BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

YOUR USE OF, AND PARTICIPATION IN, CERTAIN SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS (“SUPPLEMENTAL TERMS”) AND SUCH SUPPLEMENTAL TERMS WILL EITHER BE LISTED IN THE TERMS OF USE OR WILL BE PRESENTED TO YOU FOR YOUR ACCEPTANCE WHEN YOU SIGN UP TO USE THE SUPPLEMENTAL SERVICE. IF THE TERMS OF USE ARE INCONSISTENT WITH THE SUPPLEMENTAL TERMS, THE SUPPLEMENTAL TERMS SHALL CONTROL WITH RESPECT TO SUCH SERVICE. THE TERMS OF USE AND ANY APPLICABLE SUPPLEMENTAL TERMS ARE REFERRED TO HEREIN AS THE “TERMS OF USE.”

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS OF USE AND ANY SUPPLEMENTAL TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU SUSPEND OR OPT OUT OF THE AUTO-RENEWAL / CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH “SUBSCRIPTION” SUBSECTION BELOW.

PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY FARMERTOM.COM IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, FarmerTom.com will make a new copy of the Terms of Use available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the site. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an “Account” (as defined in the “Registration” section below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the site and/ or Services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to “Registered Users” (defined in the “Registration” section below). We may require you to provide consent to the updated Terms in a specified manner before further use of the site and/or the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SITE AND/OR THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SITE AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

The Content on this Web Site is provided for education and general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content on this site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Web Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

NO MEDICAL DIAGNOSIS OR TREATMENT

None of the statements anywhere on this Web Site or Company Properties, products we distribute or sell, or User Content have been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Web Site are not intended to diagnose, treat, cure or prevent any disease. The information on this Web Site or other Content we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a health care provider. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

LICENSE TO USE THE SITE

SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF USE, FARMERTOM.COM GRANTS YOU A LIMITED LICENSE TO REPRODUCE PORTIONS OF COMPANY PROPERTIES FOR THE SOLE PURPOSE OF USING THE SERVICES FOR YOUR OWN NON-COMMERCIAL PERSONAL OR INTERNAL BUSINESS PURPOSES.

THE SALE OR LINKING OF OUR PRODUCTS ON OR TO ANY THIRD PARTY E-COMMERCE SITE, MARKETPLACE OR MOBILE APPLICATION WITHOUT OUR SPECIFIC WRITTEN CONSENT IS EXPRESSLY PROHIBITED.

We or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents, or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Company Properties on, or products sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products, Content, or Services. You may use our Web Site and Company Properties only as permitted by law and these Terms of Use. The licenses we have granted you terminate if you do not comply with these Terms of Use. (See also “Proprietary Information” below)

PROPRIETARY INFORMATION

The Company Properties accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by FarmerTom.com is our proprietary information or the proprietary information of the party that provided the Services or Content to us, and FarmerTom.com or the party that provided the Services or Content to us retains all right, title, and interest in the Content. Accordingly, the Company Properties may not be copied, downloaded, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal non-commercial use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this Site. MISUSE OR COMMERCIAL USE OF COMPANY PROPERTIES WILL CONSTITUTE A BREACH OF THESE TERMS OF USE.

THIRD-PARTY MATERIALS AND EXTERNAL HYPERLINKS

Certain Company Properties available via our Web Site may include third-party social networking services (“SNS”), materials from third-parties and/or external hyperlinks to third-party sites which are not created by, maintained by, or related to, FarmerTom.com. The materials and external links to such sites are provided for the convenience of interested users only and are not sponsored by or affiliated with this Web Site or with us. We have not reviewed such sites and are not responsible for the content of those sites. Third-party external hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of the third-party materials, or the external sites hyperlinked to this Site. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other interactions or transactions made in connection with any third-party websites. Further, the inclusion of any external hyperlink to a third-party website does not necessarily imply that we endorse that site. Please review carefully the third-party’s policies and practices and make sure you understand and trust them before you engage in any transaction. All complaints, claims, concerns, or questions regarding third-party external websites, products, or materials should be directed to the third-party(s) in question.

REGISTRATION

In order to access certain features of Company Properties you may be required to become a Registered User. For purposes of the Terms of Use, a “Registered User” is a user who has registered an “Account” on the FarmerTom.com Web Site.

Any passwords used for the Account for this Site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your Account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account.

In order to access certain Services, you may be required to link your FarmerTom.com Account with a social networking site or other third party platforms, such as Facebook (“SNS” and each such account, a “THIRD-PARTY ACCOUNT”) by allowing us 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 have the right to grant us 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 requiring us to pay any fees or subjecting us to any usage limitations imposed by such Third-Party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Web Site (“USER 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 via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your FarmerTom.com Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Web Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR TERMS OF SERVICE AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

PARTICIPATION IN SNS IS NOT A REQUIREMENT TO HAVE AN ACCOUNT WITH FARMERTOM.COM, OR MAKE PURCHASES FROM THE WEB SITE.

In registering an account on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Company Properties under the laws of the United States or internationally, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Company Properties by minors. You may not share your Account or password with anyone, and you agree to (a) notify FarmerTom.com immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FarmerTom.com has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not create more than one Account. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any Company Properties.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of FarmerTom.com.

At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.

ORDERING INFORMATION

WE RESERVE THE RIGHT TO REFUSE THE SALE OF PRODUCTS AND/OR USE OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Individuals under the age of eighteen (18) are not eligible to use this Site. None of our content on the Site is intended for use by children. By using this Site and placing an order for products from the Site, you affirm that you are at least eighteen (18) years old (or the legal age in your jurisdiction), have the legal capacity to enter into a binding contract with us, have read these Terms of Use, and understand and agree to its Terms.

To access this Site or some of the resources it has to offer, you may be asked to provide certain Registration Data or other information. It is a condition of your use of this Web Site that all the information you provide on this Site will be your correct, current, and complete information. If FarmerTom.com believes the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to Company Properties, to terminate or suspend your access at any time, and delete any User Content (defined in “User Content” below) you have posted, all without prior notice.

You agree that your order is an offer to buy, under these Terms of Use, all products listed in your order. All orders must be accepted by us and we reserve the right to accept or deny your order any time for any reason and we are not obligated to sell the products to you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may choose to not accept orders at our sole discretion, even after you have received confirmation of your order. In the event we deny your order, you be notified at the email and/or billing address/phone number you provided at the time the order was made, and you will receive a refund back to your original form of payment. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS. Our secure PCI-DSS compliant credit card transmission gateway is Authorize.net.

SUBSCRIPTION

Currently, we only ship to addresses within the United States. You acknowledge and agree that by ordering products on Auto-Renewal Subscription, you are signing up for a Subscription with us. If you purchase an Auto-Renewal Subscription from FarmerTom.com through our Web Site, we will ship your Subscription items at the interval you choose at the time of your Auto-Renewal Subscription setup, (e.g. every two weeks, every month, every six weeks, or every two months). After your initial Subscription interval period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional interval period, at our then-current price for such Subscription. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU SUSPEND OR OPT OUT OF (CANCEL) YOUR SUBSCRIPTION NO LESS THAN FIVE (5) BUSINESS DAYS PRIOR TO THE NEXT SHIPMENT DATE OF YOUR SUBSCRIPTION PACKAGE BY LOGGING INTO AND GOING TO THE “CHANGE/CANCEL MEMBERSHIP” PAGE OF YOUR “ACCOUNT SETTINGS” PAGE AND THE SUSPENSION OR CANCELLATION WILL TAKE EFFECT IMMEDIATELY. IF YOU DO NOT SUSEND OR CANCEL ACCORDING TO THESE TERMS THEN YOUR NEXT PACKAGE OF SUBSCRIPTION ITEMS WILL SHIP AND WILL BE CHARGED TO YOUR CREDIT, DEBIT, OR OTHER PAYMENT CARD THEREAFTER FOR EACH SUBSEQUENT INTERVAL. CANCELLATIONS OR SUSPENSIONS OF AUTO-RENEWAL SUBSCRIPTION ORDERS MADE LESS THAN FIVE (5) DAYS BEFORE A SCHEDULED INTERVAL PACKAGE SHIPS WILL BE CHARGED TO YOUR METHOD OF PAYMENT AT THE THEN CURRENT SUBSCRIPTION PRICE AND CANCELLATION OR SUSPENSION WILL TAKE EFFECT THE FOLLOWING INTERVAL PERIOD. THE 30-DAY REFUND POLICY DOES NOT APPLY TO THIS CIRCUMSTANCE.

There is no fee associated with your Subscription. You will only be charged for the cost of the product, applicable taxes, and the cost of Shipping and Handling (if any). Your Subscription will continue, and you will be charged, every interval period prior to shipment. We use a third-party payment vendor (“Third-Party Payment Vendor”) to process your Subscription payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate. Your right to use the Service or a specific product is conditional upon our receipt of payment prior to the shipment of the products and Subscriptions. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and Account, thereby terminating this Agreement and all our obligations hereunder, and you will be responsible for any payment due for any unpaid products you receive. We reserve the right to change any of the product Auto-Renewal Subscription prices or protocols at any time upon notice to you.

By Subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent Subscription interval. We will send you an email reminder prior to charging your payment provider each Subscription interval. If you choose to cancel your Subscription at least five (5) days before your next package ships, your Auto-Renewal Subscription will terminate automatically and we will not charge your payment provider for the subsequent Subscription interval. You agree that FarmerTom.com may either terminate or suspend your Subscription for any reason at any time in our sole discretion.

PRICING AND TAXES

All prices, discounts, and promotions posted on the Web Site are subject to change without notice to you. The price charged for a product will be the price in effect at the time the order is placed and will be detailed in your order confirmation email. Posted fees and prices do not include applicable taxes or charges for Shipping and Handling, if any. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, at times there may be an error in pricing and availability. We reserve the right to correct any errors at any time and to cancel orders arising from such errors.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide FarmerTom.com with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us). By providing Company with your credit or debit card number and associated payment information, you agree that FarmerTom.com, and its third-party service provides for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to FarmerTom.com hereunder and that no additional notice or consent is required. You agree to immediately notify FarmerTom.com of any change in your billing address or payment method used for payment hereunder. FarmerTom.com reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you.

Company’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Use are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to FarmerTom.com, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify FarmerTom.com for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that FarmerTom.com is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

You agree to make all payments of fees to FarmerTom.com free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to FarmerTom.com will be your sole responsibility, and you will provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

PAYMENT TERMS

Terms of payment are within our sole discretion and unless otherwise agreed upon in writing, payment must be received by us before our acceptance of an order. All charges on the Site are in U.S. Dollars. We accept Visa, Mastercard, American Express, and Discover for all purchases. By submitting credit or debit card information or other payment information to us, you represent and agree that: (a) the credit or debit card information you supply to us is true, correct, and complete; (b) you are authorized to use the credit or debit card for the purchase; (c) charges incurred by you will be honored by your financial institute or credit card company; (d) you will pay charges incurred by you at the posted prices, including Shipping and Handling charges, if any, and all applicable taxes; and (e) you will be responsible for any credit or debit card fees.

FarmerTom.com uses, Authorize.net and Zoho, as third-party service providers for payment services (e.g., card acceptance, merchant settlement, subscription and related services). By buying or selling on the Company Properties, you agree to be bound by the Privacy Policies of Authorize.net https://usa.visa.com/legal/privacy-policy.html and Zoho https://www.zoho.com/privacy.html and agree to allow FarmerTom.com to share any information and payment instructions you provide with Third-Party Service Provider(s) to the minimum extent required to complete your transactions.

Charges to your credit card will appear as “FarmerTom.com”.

SHIPPING POLICIES

Currently, we only ship to addresses within the United States.

We will arrange for shipment of products to you. Please check the individual product page for specific delivery options. You will pay all Shipping and Handling charges, if any, specified during the ordering process. We process all orders within two (2) days of receiving the order. You will receive tracking information once your order ships, however, Shipping and Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. FarmerTom.com uses ShipStation to fulfill and ship your order. You agree to be bound by their Privacy Policy located at https://www.shipstation.com/privacy-policy/

It is important to provide an accurate shipping address so that there are no issues with your shipment. We are not responsible for late or missing shipments due to your inputting of incorrect shipment information. If you discover that you have made a mistake with your shipping information after you have placed your order, please contact info@farmertom.com immediately.

PRODUCTS AND SERVICES

You represent and warrant that you are buying products from the Web Site for your own personal or household use only and not for resale or export. You further represent that the use of any Services or Products purchased on the Site will be used for lawful purposes. FarmerTom.com will not be liable for the use or misuse of any Company Properties purchased or utilized on or from the Web Site.

Certain products or services may be available exclusively online through the Web Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy and Terms of Sale (see “Return Policy and Terms of Sale” section above). We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, legal entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of FarmerTom.com. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Web Site is void where prohibited. We do not warrant that the quality of any products, Services, Content, or other Company Properties used, purchased, or obtained by you will meet your expectations, or that any errors in the Company Properties will be corrected.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, nor have any control nor input. You acknowledge and agree that we provide access to such Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Web Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Web Site (including, the release of new tools and Content). Such new features and/or services shall also be subject to these Terms of Use.

RULES OF CONDUCT

You agree to use or access the Site only for lawful purposes, in accordance with these Terms of Use, and only for your non-commercial, personal use. You are prohibited from using any Services or Company Properties provided in connection with this Site to compromise security or tamper with system resources and/or Accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. IF YOU BECOME INVOLVED IN ANY VIOLATION OF SYSTEM SECURITY, WE HAVE THE RIGHT TO RELEASE YOUR DETAILS TO SYSTEM ADMINISTRATORS AT OTHER SITES IN ORDER TO ASSIST THEM IN RESOLVING SECURITY INCIDENTS. WE RESERVE THE RIGHT TO INVESTIGATE SUSPECTED VIOLATIONS OF THESE TERMS OF USE, AND WE RESERVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF ANYONE POSTING ANY USER CONTENT, OR ANY OTHER ACTION, THAT IS BELIEVED TO VIOLATE THESE TERMS OF USE (SEE “USER CONTENT” SECTION BELOW). ANY UNAUTHORIZED USE OF THE SITE OR VIOLATION OF THESE TERMS OF USE MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY.

You acknowledge and agree to abide by the following Rules of Conduct:

1. You may never use, or allow or enable others to use, the Web Site to: (a) violate any applicable federal or state laws, rules, or regulations; (b) violate the rights of FarmerTom.com or the rights of any other person or enterprise; (c) violate or attempt to violate any security features of the Site; (d) post or use malicious or unauthorized code, viruses, bots, or other potentially harmful materials to the Site in a way that may interrupt, damage, interfere with, destroy, or limit the functionality of any computer software; (d) create a competitive online service, solicit goods and services, or use FarmerTom.com for any commercial purpose; (e) no Company Properties from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way; (f) our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us; (g) oppose policies or ordinances regularly established regarding the use of our Web Site or connected networks to our Web Site.

2. You may not use FarmerTom.com for any purpose other than set forth in this Terms of Use. The Web Site (including any portion thereof) may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express written consent. For example, you may not, and may not authorize any other party to (a) co-brand this site, (b) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (c) hyperlink to this site, or (d) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of FarmerTom.com. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone or something other than us or that such other party has the right to display, publish, or distribute Company Properties accessible within this Web Site. You agree to cooperate with FarmerTom.com in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately.

3. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any other way exploit the content of the Site or any portion of it;

4. You may not attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code used in providing the Site;

5. You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or otherwise violate or attempt to violate any security features of the site or otherwise attempt to interfere with the proper working of the Web Site or Services;

6. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or FarmerTom.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FarmerTom.com has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof);

7. You may not send unsolicited emails (SPAM) to FarmerTom.com, its Services, or Account holders, or advertise your organization or products anywhere on Company Properties or related websites, or advertise our products and/or Services on your website/platforms without our written consent. This will be considered a violation of this Terms of Use and FarmerTom.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof). Any and all information, feedback, questions, comments or the like that you provide to FarmerTom.com, either at our request (for example contest entries) or without a request from us, (“Submissions”) in connection with this Web Site or the Services whether online, by email, by postal mail, or otherwise are considered “User Content” in accordance with this Terms of Use and User Content section below;

8. You may not use Web Site or Company Properties (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of FarmerTom.com or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) provide external hyperlinks to other sites that contain Content that falls within the descriptions set forth above or (l) to interfere with or circumvent the security features of the FarmerTom.com or any related website, Services, other websites, or the Internet. We reserve the right to terminate your use of the Web Site and Services or any related website for violating FarmerTom.com Terms of Us;

9. You may not post, send, submit, publish, or transmit in connection with this Web Site any User Content (defined in “User Content” below) that (a) does not pertain directly to this site; (b) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; (c) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site; (d) solicits funds, advertisers or sponsors; (e) disrupts the normal flow of dialogue, causes a screen malfunction or causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site; (f) includes MP3 format files; (e) amounts to a ‘pyramid’ or similar scheme; (g) disobeys any policy or regulations established from time to time regarding use of this Web Site or any networks connected to this site;

10. You agree to indemnify, defend, and hold FarmerTom.com and its affiliates, and their respective directors, officers, managers, members, agents, co-branders, partners, parent companies, subsidiaries, licensors, content providers, service providers, contractors, employees, affiliates, and others ( collectively “COMPANY PARTIES”) and their successors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party relating to or arising out of your Submissions, User Content, your use of the Web Site, Services, or Company Properties in any way including any use by, your friends or family members, or organizational members or employees, your connection to the Web Site, your violation of the Terms of Use, or your violation of any rights of another.

USER CONTENT

Once you have registered with FarmerTom.com to create an Account you will be able to make comments and posts to the Web Site and/or participate in optional third-party private social networking services (“SNS” and a “Service”)(Please see “Registration” section above). Participation in SNS is not a requirement to have an Account with FarmerTom.com, or make purchases from the Web Site. FarmerTom.com will assume no liability for your participation in SNS, or any other third-party platform (as described in “Third-Party Materials and External Hyperlink” section above)

You are solely responsible for all “User Content” that you upload, post or otherwise transmit via the Web Site and Services. You agree not to upload, post or otherwise transmit via Company Properties any User Content that: (a) is used for any unlawful purpose; (b) is used to solicit others to perform or participate in any unlawful acts; (c) is used to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) includes unauthorized disclosure of personal information; (e) is disseminate or used to transmit material that is inaccurate, unlawful, harmful, insulting, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable to FarmerTom.com or other users of the Web Site or the Services; (f) is disseminate or used to transmit material to stalk, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) contains 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; (h) Includes external hyperlinks to other websites containing types of content or malware described in this section; or (i) violates or infringes anyone’s intellectual property rights. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE WEB SITE AND SERVICES OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE FARMERTOM.COM TERMS OF USE, AND YOU MAY BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. FarmerTom.com does not control or endorse the User Content found on the Web Site or in any Services and, therefore, specifically disclaims any warranty or liability with regard to the User Content contained on the Web Site or in any of the Services and any actions resulting from your participation in any Services. Always use caution when giving out or sharing information about, or pictures or videos of yourself or your children in any Services. Please remember that any information and User Content that is disclosed in public forums on the Web Site becomes public information and you should exercise caution when deciding to disclose your personal information and other User Content.

FarmerTom.com shall have no obligation of any kind with respect to such User Content. FarmerTom.com shall be free to use or disseminate any User Content you make available on publicly accessible areas of the Web Site on an unrestricted basis for any purpose, and you hereby grant FarmerTom.com and all other users of the Web Site an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such User Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among FarmerTom.com and third-party providers, and the general public of any User Content that you may provide on the Web Site, related website, or Services. FARMERTOM WILL TREAT ANY SNS POSTINGS, MESSAGE BOARD POSTINGS, REVIEWS, COMMENTS, SUBMISSIONS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME IN MESSAGE BOARD POSTINGS AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.

No compensation will be paid with respect to the use of your Submissions or User Content. FarmerTom.com is under no obligation to post or use any User Content you may provide and FarmerTom.com may remove any User Content at any time in its sole discretion. By placing any User Content on the Web Site that contains music, sound recordings, literary works, images, photographs, graphics or pictures (“Works”), you represent and warrant that: (a) you are the copyright owner of such Works, or that the copyright owner of such Works has granted you permission to use such Works or any content and/or images contained in such Works consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) each person depicted in such Works, if any, has provided all required consent to the use of the Works as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Works. Unless FarmerTom.com has entered into a separate written agreement with you that explicitly states to the contrary, you agree that all Submissions that you provide to FarmerTom.com in connection with this Web Site or Services will be deemed to be provided to FarmerTom.com on a non-confidential and non-proprietary basis and will become and remain the property of FarmerTom.com. FarmerTom.com shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that FarmerTom.com shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.

NEITHER FARMERTOM.COM NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN FARMERTOM’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO FARMERTOM.COM. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO FARMERTOM.COM OR ANYONE AT FARMERTOM.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THEY WILL BE CONSIDERED “USER CONTENT” AS DEFINED IN THESE TERMS OF USE AND FARMERTOM.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. You agree to indemnify, defend and hold FarmerTom.com, and affiliated Company Parties and their successors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party relating to or arising out of your Submissions, User Content, your use of the Web Site, Services, or Company Properties including any use by, your friends or family members, or organizational members or employees, your connection to the Web Site, your violation of the Terms of Use, or your violation of any rights of another. You agree to exit your account at the end of each session.

DISCLAIMERS OF WARRANTIES

THE COMPANY PROPERTIES OFFERED ON THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, (EXCEPT FOR OUR LIMITED WARRANTY FOUND IN OUR “REFUND POLICY AND TERMS OF SALE” WHICH IS INCORPORATED HEREIN BY REFERENCE), EITHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT ALL OR ANY PART OF THE WEB SITE OR SERVICES WILL BE AVAILABLE FOR USE, UNINTERRUPTED, PERFORM AS DESCRIBED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB SITE OR THE SERVERS THAT MAKE THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER MALICIOUS CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE WEB SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE, OR THAT THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS WEB SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

FARMERTOM.COM UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE COMPANY PROPERTIES OR ON ANY RELATED WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE COMPANY PROPERTIES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

FARMERTOM.COM WILL NOT BE HELD LIABLE IF YOU OR ANYONE WITH WHOM YOU SHARE OR PROVIDE THE PRODUCTS FOUND ON OUR WEB SITE IS EXPOSED TO OR COMES IN CONTACT WITH ANY ITEM TO WHICH YOU, OR THE OTHER PERSON(S) OR ANIMAL, IS ALLERGIC OR HAS AN ADVERSE REACTION. IT IS YOUR RESPONSIBILITY TO CONSULT WITH A HEALTH CARE PROFESSIONAL AND/OR CHECK PRODUCT INGREDIENTS AND COMPARE ITS SAFE USE FOR YOURSELF AND EVERYONE ELSE BEFORE CONSUMING OR USING ANY PRODUCTS FROM FARMERTOM.COM. IF THIS OCCURS YOUR ONLY RECOURSE WILL BE TO UTILIZE THE FARMERTOM.COM 30-DAY RETURN POLICY AS OUTLINED IN OUR “REFUND POLICY AND TERMS OF SALE” WHICH IS INCORPORATED INTO AND IS A PART OF THESE TERMS OF USE. FULL INGREDIENT DISCLOSURE IS DISPLAYED ON THE WEB SITE PRODUCT PAGES PRIOR TO PURCHASE AND ON PRODUCT LABELS UPON RECEIPT. PLEASE USE DUE DILIGENCE AND BE SURE THESE PRODUCTS ARE RIGHT FOR YOU PRIOR TO PURCHASE. FARMERTOM.COM WILL NOT BE HELD LIABEL AND REMBURSEMENT OF THE PURCHASE PRICE ACCORDING TO THESE TERMS WILL BE OUR ONLY OBLIGATION. ONCE A REFUND IS MADE YOU WILL NOT BE ELIGIBLE OR ENTITLED TO FUTURE CHARGEBACKS, FUTURE REFUNDS, OR ANY OTHER ACTION RELATING TO THE PURCHASE FOR ANY REASON. AFTER 30-DAYS PRODUCTS PURCHASED FROM FARMERTOM.COM BECOME INELIGIBLE FOR CHARGEBACK, RETURN, OR REINBURSEMENT OF ANY KIND FOR ANY REASON. FOR DETAILS ABOUT RETURNS AND REFUNDS OUR “REFUND POLICY AND TERMS OF SALE” CAN BE FOUND AT HTTPS://FARMERTOM.COM/POLICIES/REFUND-POLICY.

FARMERTOM.COM SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED IN ANY WAY THROUGH THE USE OF THE CONTENT, INFORMATION, PRODUCTS, OR SERVICES ON THIS SITE OR FROM ANY THIRD-PARTY. THIS INCLUDES BUT IS NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS; OR BUSINESS INTERRUPTION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHICH MAY BE PERCEIVED BY YOU, THE WEB SITE USER, TO BE CAUSED BY ANY OF THE CONTENT OR SERVICES AVAILABLE ON THIS WEB SITE, OR BY USING ANY THIRD-PARTY RESOURCES, SNS, MATERIALS, OR EXTERNAL HYPERLINKS, OR COMPANY PROPERTIES IN ANY WAY.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, EVEN IF SUCH OCCURS DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE THE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR DATA AND EQUIPMENT AS YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH THE USE OF THE WEB SITE OR COMPANY PROPERTIES AND ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE, SERVICES, CONTENT, DOWNLOADS, HYPERLINKS, OR THIRD-PARTY WEBSITES OR RESOURCES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY MATERIALS, RESOURCES OR LINKS, OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURATENESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

VISITORS, REGISTERED USERS, INVESTORS, BORROWERS, AND ALL OTHER PERSONS SHOULD USE THE CONTENT IN THE SAME MANNER AS ANY OTHER EDUCATIONAL MEDIUM AND SHOULD NOT RELY ON THE CONTENT TO THE EXCLUSION OF THEIR OWN JUDGMENT AND DUE DILIGENCE. INFORMATION OBTAINED BY USING THIS SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL ISSUES, TOPICS, OR FACTS THAT MAY BE RELEVANT TO YOUR GOALS.

ALL OF THE INFORMATION IN THIS SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THIS SITE, AND WE DO NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THIS SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.

THIS SECTION DOES NOT AFFECT OUR “ REFUND POLICY AND TERMS OF SALE” FOR GOODS PURCHASED ON THE WEB SITE. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE ON THE SITE, PLEASE RETURN IT IN ACCORDANCE WITH THE  “REFUND POLICY AND TERMS OF SALE”

LIMITATION OF LIABILITIES

WE RESERVE THE RIGHT AT ANY TIME TO MODIFY THE WEB SITE OR DISCONTINUE SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE TO YOU AT ANY TIME. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY PORTION OF FARMERTOM.COM COMPANY PROPERTIES AND/OR ITS AFFILLIATES.

IN NO EVENT SHALL FARMERTOM.COM OR ANY OF ITS AFFILIATES AND RESPECTIVE COMPANY PARTIES OR THEIR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM. WE ARE NOT LIABLE FOR ANY FEES, COSTS OR CLAIMS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR COMPANY PROPERTIES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON COMPANY PROPERTIES; OR (E) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. FARMERTOM.COM IS NOT LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF INVESTMENT, LOSS OF USE, LOSS OF DATA, LOSS OF EQUIPMENT, LOSS OF GOODWILL, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.

FARMERTOM.COM’S LIABILITY TO YOU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THESE LIMITATIONS OR MAKES THESE LIMITATIONS INAPPLICABLE, FARMERTOM.COM IS ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED. HOWEVER, IN NO EVENT SHALL FARMERTOM.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), EXCEED ONE HUNDRED USD ($100.00).

RELEASE

You hereby release FarmerTom.com and its affiliates and respective Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (a) your use of our Products, Web Site, or Company Properties, including but not limited to, any interactions with or conduct of other users or third-party materials, SNS, websites of any kind arising in connection with or as a result of these Terms of Use or your use of Company Properties; and (b) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Web Site or any Services provided hereunder.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless FarmerTom.com and its affiliates, and their respective directors, officers, managers, members, agents, co-branders, partners, parent companies, subsidiaries, licensors, content providers, service providers, contractors, employees, affiliates, and others (the “Indemnified Parties”) from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs, (individually, a “Claim” and collectively, “Claims”) arising out of or relating to: (a) your access, use, or misuse of the Products, Web Site, or Company Properties, including, without limitation, your use of the information accessed through the Site; (b) your breach of these Terms of Use or the Content they incorporate by reference, (c) your violation of any law or the rights of an individual or third-party; and (d) your violation of any applicable worldwide laws or regulations.

The Indemnified Parties have the right, at any time, to assume the exclusive defense and control of any Claims, and you agree to cooperate with the Indemnified Parties in any such defense (defined in “Arbitration and Class Waiver section below).

ARBITRATION AND CLASS WAIVER

In the event of any dispute or controversy, you agree to first contact us at info@farmertom.com to attempt to resolve the dispute or controversy in an informal manner. Any claim arising out of or related to the use of the Company Properties that cannot be resolved within a 90 day-period through first an informal process shall be governed as described below.

PLEASE READ THE BELOW ARBITRATION AND CLASS WAIVER DETAILS CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FARMERTOM.COM AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE ARISING FROM OR RELATING TO THESE TERMS OF USE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION FROM ONE ARBITRATOR. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE RIGHTS THAT YOU HAVE IF YOU WENT TO COURT MAY BE LIMITED OR MAY NOT EXIST; (B) YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER; (C) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

1. ARBITRATION GENERALLY

Arbitration is a manner of resolving any disputes or controversies without filing a lawsuit. In the event any dispute between you and FarmerTom.com cannot be resolved informally within ninety (90) days, such dispute shall be settled by binding confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules, and the judgment on the award shall be binding and may be entered in any court having jurisdiction thereof.

FarmerTom.com agrees to such final and binding arbitration and likewise you agree to final and binding arbitration for any disputes that cannot be resolved informally. By agreeing to arbitrate, you are waiving your right to file a lawsuit in court and instead will be submitting your dispute to final and binding confidential arbitration from one arbitrator. The arbitration shall have exclusive authority to resolve all disputes and shall grant relief as a court would. This arbitration provision is governed by the rules of the Federal Arbitration Act (the “FAA”), 9 U.S.C §§, 1-16 as amended.

2. EXCEPTIONS

Notwithstanding the foregoing, the following claims shall not be subject to final and binding confidential arbitration: (a) any Claim arising out of or relating to your infringement, validity, or unauthorized use of our Company Properties and/or Proprietary Rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (b) an action by FarmerTom.com for temporary, preliminary, or permanent injunctive relief against you for breach or threatened breach of these Terms of Use. Each party consents to the exclusive jurisdiction and venue of the State and Federal Courts located in Vancouver, Washington, U.S.A. and forever waive any challenge to said courts’ jurisdiction and venue.

3. COMMENCING ARBITRATION

Each party agrees to commence any arbitration within one (1) year after the Claim arises, including any pre-dispute communications. Any Claim commenced after the one (1) year period shall be forever barred.

Either party may commence the arbitration process by submitting a written demand for arbitration with the American Arbitration Association (AAA) and providing a copy to the other party via both electronic mail and postal mail with tracking. Arbitration that is commenced shall be submitted to the final and binding confidential arbitration before a single arbitrator of the AAA. The arbitrator shall be selected by agreement of the parties, or if the parties cannot agree, in accordance with the Rules of the AAA. The AAA’s Rules are available for access at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to determine whether a dispute is arbitrable.

The parties agree that they will participate in the mediation in good faith. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the arbitrator or any AAA employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

ARBITRATION SHALL BE CONDUCTED IN VANCOUVER, WASHINGTON U.S.A., CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.

4. FEES

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.

5. AMENDMENTS

FarmerTom.com reserves the right to amend this arbitration provision at any time. Your continued use of the Web Site shall be affirmation of your consent to such changes.

6. OPT-OUT PROCEDURE

You may opt-out of this arbitration provision, class action waiver, and jury trial waiver by providing written notice to FarmerTom.com. If you decide to opt-out, you understand that neither you nor FarmerTom.com can require the other to participate in an arbitration proceeding. The written notice of your desire to opt-out must be provided within thirty (30) days from the date which you first accessed this Site to the following address:

Farmer Tom Lauerman LLC Attn: “Opt Out” 9208 Hwy 99 Ste 107-39 Vancouver, WA 98665

Such notice must include your full legal name, phone number, email address, and mailing address. If you do not opt-out within this time period, you are not eligible to opt-out and you must pursue any claim through binding arbitration as described within these Terms of Use.

7. INJUNCTIVE RELIEF

Any breach or threatened breach by you of these Terms of Use or any infringement or threatened infringement by you of FarmerTom.com Company Properties and/or Proprietary Property will cause irreparable injury to FarmerTom.com in an amount unquantifiable and for which FarmerTom.com would not have an adequate remedy at law. In such an event, FarmerTom.com shall be entitled to seek an injunction or other equitable relief restraining any breach or infringement, threatened or actual. Nothing in these Terms of Use shall be construed as prohibiting FarmerTom.com from pursuing any other remedies available for your breach of these Terms of Use, including the recovery of monetary damages from you.

8. GOVERNING LAW AND VENUE

These Terms of Use and any issue or dispute arising out of or otherwise related to these Terms of Use or with your access or use of the Web Site, or any matter concerning FarmerTom.com shall be governed exclusively by the laws of the State of Washington. To the extent any dispute is found by an Arbitrator to be excluded by the arbitration provision above, the parties agree that any such dispute shall be exclusively brought in and decided by the State or Federal Courts located in Vancouver, WA and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such Courts, and forever waive any challenge to said Courts’ exclusive jurisdiction or venue.

SEVERABILITY

If any provision of these Terms of Use is found by an Arbitrator or a proper court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect. Any such provision that may be found to be unenforceable shall be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.

NO WAIVER

No failure or delay on the part of FarmerTom.com to insist upon or enforce strict performance of any provision, or any other waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. A waiver of any right or obligation shall only be effective if in writing, and acknowledged in writing and signed by FarmerTom.com.

ASSIGNMENT AND FORCE MAJEURE

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing and any purported assignment by you in contravention of the foregoing shall be null and void.

FarmerTom.com shall not be liable for any failure or delay in its performance under the Agreement (including, without limitation, provision of the Services or Company Properties) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, pandemic, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third-parties, failures of third-party software, services, or equipment (including, without limitation, third party components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using the Web Site and any related Services or Company Properties. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Web Site and Services (or any part thereof).

ENTIRE AGREEMENT AND MODIFICATIONS

These Terms of Use, together with our Privacy Policy, Refund Policy and Terms of Sale, and Shipping Policy constitute the entire agreement and understanding between you and FarmerTom.com. These Terms of Use govern your access and use of the Web Site and supersedes and replaces any and all prior or contemporaneous agreements, representations, communications, letters, proposals, and understandings, between the parties with respect to the subject matter hereof, whether written or oral.

FarmerTom.com reserves the right to add, delete, or modify our Terms of Use at any time, as well as all or any part of the Web Site or Company Properties at our sole discretion. It is your responsibility to check the Web Site periodically for changes. Your continued use of the Web Site following the posting of any changes to these Terms of Use constitutes acceptance of such changes. Unless accepted by FarmerTom.com in writing, these Terms of Use may not be amended by you.

COPYRIGHT NOTICE AND TAKE-DOWN PROCEDURES

FarmerTom.com will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to our agent designated to receive claims of copyright or other intellectual property infringement and may be contacted only by BOTH email and U.S. Mail at:

Email: Customer Service info@farmertom.com – Subject DMCA

Postal Mail: FarmerTom.com Attn: DMCA – 9208 NE Hwy 99 Ste 107-39  Vancouver, WA 98665

For clarity, only DMCA notices should be mailed. Any and all other feedback, comments, requests for technical support, and other communications should be directed to FarmerTom.com Customer Service at info@farmertom.com.

To be effective, the notification of copyright infringement must include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your request email is necessary to help us locate and identify content; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that there are penalties for false claims under the DMCA.

CONTACT US

If you have any questions about these Terms of Use, please email us at info@farmertom.com.

 

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