Thank you for visiting http://www.foxfarmfertilizer.com/ (the “Website”), which is owned and operated by United Compost and Organics, dba FoxFarm Soil & Fertilizer Company (“FoxFarm,” “we,” “our,” or “us”). These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of the Website. It is important that you carefully read and understand these Terms. By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Website.
The Website is intended for use only by adults and is not intended for use by anyone under the age of 13. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Your Use of the Website
The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Website is and will remain the exclusive property of FoxFarm. The Website is protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Except as expressly permitted in these Terms, nothing in these Terms gives you a right to use FoxFarm's intellectual property, including but not limited to FoxFarm's name or any of FoxFarm's trademarks, logos, domain names, other distinctive brand features, or copyrights.
By using the Website you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any content.
The following terms (“Terms”) govern the use of any FoxFarm product images (“Images”) that you have been granted permission to use on your website, in your catalogs, or advertisements (“Scope of Use”). These Terms are a legally binding contract and govern your use of FoxFarm’s trademarks and copyrights, including but not limited to FoxFarm’s name or any of FoxFarm’s trademarks, logos, domain names, other distinctive brand features (collectively “FoxFarm Trademarks”), or copyrights (FoxFarm Trademarks and copyright collectively “FoxFarm IP”).
Permission to Use FoxFarm IP
Subject to these Terms, you may only use the FoxFarm IP and Images in the manner previously approved by FoxFarm. The rights granted to you constitute a limited and non-sublicensable license, and not a transfer of title. All right, title, and interest in and to the FoxFarm IP is and will remain the exclusive property of FoxFarm. Nothing in these Terms gives you a right to use the Images or FoxFarm IP beyond the Scope of Use. You may not use any FoxFarm IP in any modified form or as part of any corporate or trade name or in any manner suggesting any relationship between you and FoxFarm other than that of a seller of FoxFarm’s products.
FoxFarm may revoke or modify your license to use the Images at any time, for any reason, in its absolute discretion. If this occurs, FoxFarm will not be liable to you for any expenses, losses, or damages that you may incur. You hereby waive all claims arising from or relating to any change or discontinuation of any of the Images.
Please understand that, by using any of the Images, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Images.
Brand Usage Guidelines for FoxFarm’s Trademarks
Please follow the below guidelines when making reference to FoxFarm or any of its trademarks. Please do not use the FoxFarm Trademarks in a way that implies partnership, sponsorship, affiliation, or endorsement with FoxFarm. Please heed the following guidelines:
- Do not adopt or use trademarks, trade names, product names, domain names, or social media handles that are confusingly similar to the FoxFarm Trademarks.
- Do not use or display the FoxFarm Trademarks more prominently than your company or product.
- Do not alter the FoxFarm Trademarks or change them in any way.
- Do not use, copy, alter, or imitate FoxFarm’s logos, trade dress, color scheme, website, products, packaging, icons, marketing materials, or photographs.
- Any use of the FoxFarm Trademarks must be truthful and accurate, and not likely to cause confusion as to source, affiliation, or association with FoxFarm.
- Please only use the FoxFarm Trademarks in a lawful manner, and do not use the FoxFarm Trademarks in a damaging or derogatory way.
Copyright Policy/Intellectual Property Policy
The Website may contain links to third party websites, advertisers, services, or other content that are not owned or controlled by FoxFarm. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from the Website, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
You have permission to use FoxFarm buttons, links, and widgets, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Website, you will not modify such buttons, links or widgets or associated code in any manner, and that you will not use such buttons, links and widgets in any manner which implies or suggests that FoxFarm operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
Term and Termination
These Terms are effective from the date that you first access the Website or submit any information to FoxFarm, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
FoxFarm may terminate or suspend your access to the Website at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use the Website will immediately cease, and you will cease using, delete, or destroy all copies of the information or media that you have obtained through the Website. All disclaimers, limitations of liability, indemnification, FoxFarm rights of ownership, and licenses to FoxFarm will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, or any part or portion thereof. Nothing in these Terms will be construed to obligate FoxFarm to maintain or support your use of the Website during the term of these Terms.
As a condition of your access to and use of the Website, you agree to indemnify and hold harmless FoxFarm and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Website, (b) any breach of your representations, warranties, or covenants under these Terms, or (c) your breach of any of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.
The WEBSITE AND ALL INCLUDED CONTENT are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, FoxFarm expressly disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (i) completeness, accuracy, availability, timeliness, security or reliability of the WEBSITE or any content provided by the WEBSITE (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the services; (iii) the deletion of, or the failure to store or to transmit any content and other communications through the WEBSITE; and (iv) whether the WEBSITE will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
To the maximum extent permitted by law, fOXFARM shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. in no event shall fOXFARM's aggregate liability for all claims related to the WEBSITE exceed one hundred dollars ($100.00).
The limitations in this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not fOXFARM has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Website, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in the County of Humboldt, California. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Changes to these Terms
We reserve the right to change these Terms from time to time, in our sole discretion. All changes are effective immediately. You agree that your continued use of the Website following such changes constitutes your acceptance of such changes to these Terms.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
United Compost and Organics dba
FoxFarm Soil & Fertilizer Company
P.O. Box 787 Arcata CA 95518
Effective: January 1st, 2017