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Terms & Conditions
TERMS AND CONDITIONS
This website located at www.homefarmhydroponics.com (the 'website") is provided by Home Farm Hydroponics. Home Farm Hydroponics, and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this website shall be referred to herein as 'Home Farm Hydroponics Parties.'
YOUR USE OF THE website INDICATES YOUR (i) ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND (ii) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE website WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE website.
User Eligibility. This website is available worldwide and may be operated from various locations both within and outside the United States of America ('USA'). Access to and use of the website, including functionality and features available on the website (.Features") and products and services available for purchase through the website, however, may be inappropriate, prohibited or restricted in countries outside the United States. The Home Farm Hydroponics Parties make no warranty or representations that the website or the Features are appropriate or available for access/use outside of the USA. If you access/use the website from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the website. This is a general audience website and users of all ages are welcome to browse the website. However, if you are under the age of 13, you should not provide any information about yourself on or through the website, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
Establishing an Account. Users of all ages are welcome to browse the website under the terms set forth herein, however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the website and in order to access/use some Features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account and further that you have agreed to these Terms and Conditions. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Personally Identifiable Information. The PRIVACY POLICY, which is incorporated into these Terms and Conditions by reference, governs the collection, use and disclosure of personally identifiable information gathered on or through the website, including, but not limited to, the personally identifiable information you provide while establishing an account, purchasing products/services and accessing and using the website and Features.
Information You Provide/Submissions. Other than personally identifiable information, which is subject to the PRIVACY POLICY, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to this website in any form and in any manner. Miser Communications (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (0) may be disseminated or used by Home Farm Hydroponics for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the website any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. You hereby grant Home Farm Hydroponics a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party Miser Communications License.). Home Farm Hydroponics may, but is not obligated to, monitor or review any User Communications. Home Farm Hydroponics shall have no obligations to use, return, review, or respond to any User Communications. The Home Farm Hydroponics Parties shall have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Home Farm Hydroponics retains the right to remove any or all User Communications that includes any material Home Farm Hydroponics deems inappropriate or unacceptable. By making a User Communication, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by Home Farm Hydroponics of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions. We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
Prohibited Submissions. You are prohibited from posting or transmitting 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. In addition to any remedies that Home Farm Hydroponics may have at law or in equity, if Home Farm Hydroponics reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Home Farm Hydroponics may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. Home Farm Hydroponics will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Home Farm Hydroponics to disclose the identity of anyone posting such materials.
Ownership and Permitted Use of Content. The website design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this website (the "Content") are either the property of, or used with permission by, Home Farm Hydroponics. The ownership of all Content is retained by its owner. Hots may not (i) modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (H) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of Home Farm Hydroponics and its affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of Home Farm Hydroponics or such third-party owner.
Prohibited Actions. While visiting the website and participating in, accessing and using the Features (cumulatively 'Using the website"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the website: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror. any Content; create a deep-link to our website by by-passing our website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the website; inhibit, disrupt, or otherwise prevent anyone from using or accessing the website or interrupt any user's experience on the website, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the website, or servers or network connections to the website, disobey any requirements, procedures, policies or regulations of networks connected to the website; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website; or attempt to gain unauthorized access to the website (or any portion thereof).
Availability of Products, Services, Features and Content. All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Accuracy of Information. Home Farm Hydroponics takes reasonable efforts to ensure that information on this website is complete, accurate and current. Despite Home Farm Hydroponics's efforts, however, the information on this website may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. Home Farm Hydroponics makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The Home Farm Hydroponics Parties make no representation as to the completeness, accuracy or timeliness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is the practice of Home Farm Hydroponics to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. Home Farm Hydroponics reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Home Farm Hydroponics also may require verification of information prior to the acceptance and/or shipment of any order.
Shipment of Order. Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. Asa result, risk of loss and title for items purchased from this website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Changes to the Terms and Conditions. Home Farm Hydroponics reserves the right, in our sole discretion, to revise, change, or modify (cumulatively "Revisions') these Terms and Conditions at any time upon advance notice to you. We may notify you of such Revisions to these Terms and Conditions in any manner we chose that complies with law, including, but not limited to, posting a notice of such changes on the website. Your continued use of the website following our notice to you of Revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions.
Applicability of Additional Terms and Conditions. Additional or different terms and conditions ('Other Terms') may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a Ink adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Third Party Links. From time to time, this website may contain links to websites that are not governed by these Terms and Conditions (the "Linked websites.). All such links are provided solely as a convenience to you. If you use these links, you will leave this website. The Home Farm Hydroponics Parties are not responsible for any content, materials or other information located on or accessible from any other website. The Home Farm Hydroponics Parties do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked websites closely before using, submitting information to such Linked websites, and allowing children to visit Linked websites.
Disclaimer of Warranty. YOUR USE OF THIS SITE IS AT YOUR RISK. THE WEBSITE IS PROVIDED AS 1,, WITH ALL FAULTS. AND 'AS AVAILABLE.' AS TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE Home Farm Hydroponics PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEBSITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. THE PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE. WITHOUT LIMITATION TO THE FOREGOING, THE Home Farm Hydroponics PARTIES DO NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEBSITE WILL BE WITHOUT INTERFERENCE (B) THE WEBSITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEBSITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE WEBSITE IS ACCURATE, UP-TO-DATE OR COMPLETE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE HOME FARM HYDROPONICS PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE HOME FARM HYDROPONICSPARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS 'CONSUMERS. IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS PARAGRAPH DOES NOT APPLY TO NEW JERSEY RESIDENTS.
LIMITATIONS OF LIABILITY. The HOME FARM HYDROPONICS PARTIES DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. IN NO EVENT WILL THE HOME FARM HYDROPONICSPARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE. THIS PARAGRAPH DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Termination. Home Farm Hydroponics reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this website or Features at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website and Features, products and services available on or through the website at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Choice of Law. To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the website, will be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law principles. Except in New Jersey and in jurisdictions where prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises.
Mandatory Arbitration of Disputes. These Terms provide that all disputes between you and is will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Home Farm Hydroponics or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Home Farm Hydroponics or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at the JAMS facility in your area.
(b) Selection of Arbitrator shall be made pursuant to JAMS' Streamlined Arbitration Rules & Procedures or JAMS' Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single arbitrator under JAMS' Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS' Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms and Conditions, except as necessary to comply with JAMS' Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Home Farm Hydroponics will be responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures. Except where prohibited by law, the prevailing party shall be entitled to an award of reasonable attorney fees.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions and you agree that that any arbitration or other proceedings by or between you and Home Farm Hydroponics will be conducted on an individual basis and not in any class action, consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Other. You may not use or export or re-export the materials at the website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between you and Home Farm Hydroponics relating to your use of the website, superseding any other agreement between you and Home Farm Hydroponics with respect to the subject matter of these Terms and Conditions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Us. For issues or questions related to the website or these Terms and Conditions please contact Customer Service via our social media channels. Representatives are available 7 days a week 9 am to 5 pm.
