TrueFarma.com Terms and Conditions
[Last Updated August 9, 2018]
Welcome to True Farma.com, owned and operated by True Farma, LLC (“True Farma”). By using any TrueFarma.com and any related services, products, and software, you agree to be bound by these terms and conditions ("Terms"). You also accept the Terms when you create an account, submit a product review or testimonial, or log in to TrueFarma.com. Additional or separate terms may apply to your interactions with TrueFarma.com, such as product reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. We may make changes to TrueFarma.com and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use TrueFarma.com.
Not Medical Advice
Statements contained herein have not been evaluated by the Food and Drug Administration. Any products referenced are not intended to diagnose, treat, cure, or prevent any disease.
All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug & Cosmetic Act requires this notice.
Use of TrueFarma.com
You may use TrueFarma.com for your personal, noncommercial use only. You may not use TrueFarma.com if you are under the age of 18.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your TrueFarma.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your TrueFarma.com account and password; (3) promptly inform TrueFarma.com of any need to deactivate a password. You grant True Farma and all other persons or entities involved in the operation of the TrueFarma.com the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of TrueFarma.com. True Farma cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using TrueFarma.com tools and services.
Information on Our Site
We try to be as accurate as possible with the information we present on TrueFarma.com. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our assortment may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order/Order Confirmation
Generally, we'll charge your payment method for an item when your order is placed.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
All content included on or comprising TrueFarma.com, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and True Farma owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The True Farma logos and other trademarks on TrueFarma.com are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by True Farma and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with TrueFarma.com in numerous ways, including reviews and ratings, questions and answers, community forums, testimonials, chat and email communication. You hereby grant True Farma a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow True Farma to feature, text and images shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™, etc.). You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide True Farma with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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
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 us to locate the material
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The True Farma designated agent to receive notifications of claimed infringement can be reached by:
Mail: True Farma, LLC, 179 Niblick Road, Box 141, Paso Robles, CA 93446
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
TRUE FARMA PROVIDES TRUEFARMA.COM AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH TRUEFARMA.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT TRUEFARMA.COM WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH TRUEFARMA.COM IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUE FARMA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF TRUEFARMA.COM OR ANY PRODUCT OR SERVICE PURCHASED THROUGH TRUEFARMA.COM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH TRUEFARMA.COM OR TRUE FARMA, GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use TrueFarma.com only for lawful purposes. Activities including, but not limited to, tampering with TrueFarma.com, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on TrueFarma.com are prohibited.
You may not violate or attempt to violate the security of the TrueFarma.com, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using TrueFarma.com for unintended purposes or trying to change the behavior of TrueFarma.com; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to TrueFarma.com overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of True Farma (impersonating True Farma) or to TrueFarma.com (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of True Farma, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of TrueFarma.com or any activity being conducted on TrueFarma.com. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search TrueFarma.com other than the search engine and search agents we provide and generally publicly available browsers.
You and True Farma each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by True Farma, whether in your home, over the phone, or online, including, but not limited to, the advertising of or sales practices relating to such products and services, and any communication, by whatever means, between you and True Farma, will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court’s authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND TRUE FARMA UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on True Farma at the address listed above. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Likewise, True Farma will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or part of this class action waiver provision is invalid or unenforceable may be determined only by a court and not by an arbitrator. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class or representative action must be brought in a court of proper jurisdiction and not in arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF CALIFORNIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND TRUE FARMA.
The following policies also govern your use of TrueFarma.com and are incorporated by reference into the Terms:
Termination of Use
We may, in our sole discretion, terminate your account or your use of TrueFarma.com at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of TrueFarma.com at any time without prior notice.