TERMS OF SERVICE

Last modified: December 22, 2022 

Welcome to the Terms of Service (these “Terms”) for the website, www.area2farms.com (the “Website”), operated on behalf of Area 2 Farms, PBC. (“Area 2 Farms”, “Company”, “we” or “us”), together with any content, tools, features, and functionality offered on or through our website, (the “Services”).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. 

Please note that Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 11.

TABLE OF CONTENTS

1. WHO MAY USE THE SERVICES

All Area 2 FArms products, materials, and information appearing on this website are intended for U.S. customers only. The specific Area 2 Farms products shown on this website may not be available for distribution or sale outside the U.S. You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. USER ACCOUNTS, SUBSCRIPTIONS, AND FREE TRIALS

2.1 Creating and Safeguarding your Account. To use the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit and update your Account by going to area2farms.com and clicking “Buy Now” in the website header. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@area2farms.com if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. 

2.2 Subscription Payment. If you buy or subscribe to any of our product subscriptions, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the subscription. You expressly acknowledge and agree that, for the duration of your subscription: (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the subscription, (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase; and (c) we or our third-party payment processor is/are authorized to automatically charge you via your payment method on file with our payment processor approximately on a monthly basis, and the charge will not always be on the same day of each month. We reserve the right to change our subscription plans or adjust pricing for the products or subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or material changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility. You understand and agree that neither we nor our third-party payment processor need obtain any additional authorization from you for automatic, recurring subscription payments. Contact us to manage your delivery/ies or the payment method. 

2.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription 7 days before the subscription period renewal date by doing the following: go to www.area2farms.com and “Log In” in the header to access your account. Select the order you would like to modify or cancel. All ad hoc purchases are final. Once an order has been shipped, no cancellations or modifications are possible. Similarly, if you wish to add to your order, Area 2 Farms reserves the right to treat any additions as a second order incurring additional shipping charges.

2.4 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. 

3. ORDERS FOR PRODUCTS AND/OR SERVICES 

3.1 Payment. The Services may permit you to purchase certain physical or digital products or services through the Website, including products or services of third parties that are offered through the Services (“Offerings”). You acknowledge and agree that all information you provide with regard to purchasing of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user-designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or another payment method for the Full Purchase Amount. The Services may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or another payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Offering. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility. 

3.2 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts on current or future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes, in its sole discretion. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose as established by the Company in its sole discretion; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use. 

3.3 Gift Cards. Digital gift cards containing stored money value may be issued and managed by us and can be applied only to purchases in the U.S. at area2farms.com. You acknowledge that the Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. Gift cards are not reloadable and may not be redeemed for cash (except as required by law), for shipments outside the U.S., and used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes. Additional payment will be required if the purchase price of your products exceeds the value of the gift card. Gift cards do not expire and the Company will not assess a service fee or dormancy fee with respect to a Gift Card. Gift cards are also not for resale. Void where prohibited or restricted by law. Gift card terms and conditions are subject to change without notice and some items may not be available for purchase.

3.4 Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to dispose of it and advise the Company’s customer support team. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting such new Offering prices to the Services and/or upon making the customer aware of the pricing error. In addition, Area 2 Farms reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

3.5 Order Acceptance; Shipment. Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and at our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and notwithstanding anything to the contrary in Section 3.1, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

3.6 Return, Refund and Exchange Policy. To ensure the safety and quality of our product, we do not accept returns or credit for unused infant formula.

If you are dissatisfied with your order, please contact our Care Team within 45 days of your purchase at hello@area2farms.com or (202)507-9282. Refunds to your original method of payment can take up to 10 business days to process. Refunds do not include the cost of shipping. If it has been more than 10 business days and you have not received your refund, please contact us at hello@area2farms.com or (202)507-9282.

4. LOCATION OF OUR PRIVACY POLICY

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.area2farms.com/terms-of-service.

5. RIGHTS WE GRANT YOU

5.1 License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.

5.2 Restrictions On Your Use of the Services. You may not do any of the following unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

(e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 

(f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;

(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(i) use any robot, spider, crawler or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; 

(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;

(k) use the Services for illegal, harassing, unethical, or disruptive purposes;

(l) violate any applicable law or regulation in connection with your access to or use of the Services; or

(m) access or use the Services in any way not expressly permitted by these Terms. 

6. OWNERSHIP AND CONTENT

6.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works. 

6.2 Ownership of Trademarks. The Company’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. 

6.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

6.4 DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Sites, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Area 2 Farms has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites. Area 2 Farms has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Area 2 Farms or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Contact our designated agent (i.e., proper party for notice) at hello@Area2Farms.com and provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

2. Identify the material on the Sites that you claim is infringing, with enough detail so that we may locate it on the Sites;

3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 

7. THIRD-PARTY SERVICES AND MATERIALS

7.1 Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials or third-party website, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

8. USER SUBMISSIONS

8.1 You grant Area 2 Farms a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any content you submit to Area 2 Farms in connection with the Website (e.g. comments to stories, curation of story collections and related links and images, etc.) (“User Submissions”) throughout the world in any media. We may use and display the name and/or any voice or likeness contained in any User Submission. We may, but have no obligation to, monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. As between us and you and apart from the licenses granted hereunder, you retain all rights in your User Submissions. User Submissions are not confidential, and we are under no obligation to maintain as confidential any information, in whatever form, contained in any User Submission. Area 2 Farms may sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and Area 2 Farms and its licensors or affiliates may retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate Area 2 Farms to sell, license, or offer to sell or license any advertising, promotion, or distribution rights. User Submissions do not represent the views of Area 2 Farms or any individual associated with Area 2 Farms, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Area 2 Farms’ endorsement of User Submissions. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. Area 2 Farms does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

8.2 Inappropriate Content. You may not submit any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not submit any content resulting from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing User Submissions. Such violations may subject you and your agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Website or the Website or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, we may take any action we deem necessary to cure or prevent a violation of this Section 10, including without limitation, banning you from submitting any content and/or the immediate removal of content from the Website at any time without notice. 

8.3 User Reviews. If you have purchased Area 2 Farms, you may email, post, upload, or submit content you have created, including photographs, videos, reviews and comments (collectively, “User Submissions”) through www.Area2Farms.com, or directly via email. By posting, uploading, or sharing User Submissions, you agree to the following guidelines and rules and grant Area 2 Farms. and our third-party content-management service providers the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Submissions for any purpose (including educational and promotional), in Area 2 Farms’ sole discretion. You will not be compensated for your User Submission. In making a User Submission, you also agree to hold Area 2 Farms. and any person acting on our behalf harmless from any liability related in any way to the use of your User Submissions. 

Area 2 Farms reserves the right not to post your User Submission or to remove any posted User Submission for any reason at any time, including but not limited to if the User Submission violates our guidelines or includes any of the following:

• Inappropriate comments, discriminatory language, hate speech, threats, trolling 

• Third party URLs or promotion of third party products

• Personally identifiable information (address, full name, email address, phone number, etc)

• Spam content

• Content, materials, images, videos, trademarks, copyrights, etc for materials or rights that you do not own and for which you don’t have a right to

• Discussion of medical conditions or claims of medical effectiveness outside of the stated product benefits

• Reviews that are related to customer service or delivery experiences but not about the product itself

• User Submissions which include images, videos, or any likeness of children under 18 for whom you are not the parent or legal guardian 

User Submissions are not the forum to talk about particular medical issues, customer service issues, delivery, pricing, etc. For inquiries or comments on these, please reach out to hello@Area2Farms.com.

9. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

10.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. 

10.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

10.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your Content, or (e) your negligence or wilful misconduct.

11. ARBITRATION AND CLASS ACTION WAIVER

11.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

11.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

11.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. 

11.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to 530 Divisadero Street. #157, San Francisco, CA 94117 or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them

12. IMPORTANT HEALTH INFORMATION

12.1 No director, employee, agent, or representative of Area 2 Farms is engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Website.

12.2 THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

12.3 Area 2 Farms attempts to be as accurate as possible regarding product descriptions and other content on the website. However, unless specifically stated otherwise in writing on the website, Area 2 Farms does not warrant that product descriptions or website content are accurate, complete, reliable, current, or error-free. From time to time, the website may contain typographical errors, inaccuracies, or omissions. Area 2 Farms reserves the right to revise the content of the website without notice. 

12.4 THE WEBSITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT

13. ADDITIONAL PROVISIONS

13.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time, by replying STOP or by emailing us as hello@Area2Farms.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

13.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. 

13.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. the Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity. 

13.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

13.6 Miscellaneous. If any provision of these Terms shall 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. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. 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. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco. 

13.7 How to Contact Us. You may contact us regarding the Services or these Terms at: 2600 S Oxford St. Arlington VA, by phone at 202-507-9282 or by e-mail at hello@area2farms.com.

13.8 Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2022, Area 2 Farms PCB. ALL RIGHTS RESERVED.

13.9. Emails. By providing your email address to Area 2 Farms PBC., you are opting to subscribe to applicable newsletters and you agree to receive emails from us. The aim of our newsletter service is to keep our customers and community updated about relevant information and offers.