Terms of Use

IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

LAST UPDATED July 12, 2023

These Terms constitute an agreement between you and Kate Farms, Inc. d/b/a Kate Farms (“Kate Farms” or “we,” “us,” or “our”).

Please read these Terms of Use (“Terms”) carefully before using our website at https://www.katefarms.com (the “Site”), our mobile/tablet applications (“Apps”), our loyalty programs, digital gift cards, and any other websites, pages, features, or content owned and operated by Kate Farms that include these Terms (collectively, including the Site and Apps, the “Services”). By downloading or using any of the Services, you affirm that you are able and legally competent to accept and agree to these Terms.

In addition, you may read our Privacy Policy at any time for more information about how Kate Farms collects, stores, and protects your information when you use the Services. The Privacy Policy also addresses the privacy rights of California consumers. Our Privacy policy is hereby incorporated by reference into these Terms of Use as though fully set forth herein.

If you do not agree to any of these Terms, you should please discontinue your use of the Services immediately.

LINKS TO SPECIFIC TOPICS

Additional Terms

Certain services offered through the Services may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product & service descriptions, prices, and restrictions posted on the Services, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.

Minors

Kate Farms websites, online services, and mobile applications are not directed toward children under the age of 16, and we do not knowingly collect any personal information from children under the age of 16. If a child under 16 provided our website, online service, or mobile application with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.

For the avoidance of doubt, the Services are not intended for use by anyone under age 16. YOU MUST BE AT LEAST AGE 16 TO ACCESS AND USE THE SERVICES. By accessing, using and/or submitting information to or through the Services, you represent that you are at least age 16.

Users and Accounts

To use certain Services, you may need to create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Kate Farms if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.

Privacy

As noted above, our Privacy Policy describes the personal information that we gather about or from users of the Services and how we process, use and share that data. Be sure to read it to understand these matters.

Responsible Use of the Services

You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted.

Without limiting the foregoing, you may not use the Services:

(a) for any purpose that is unlawful under applicable federal, state, local or international law, or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Services, or that restricts or inhibits anyone’s use or enjoyment of the services; (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Kate Farms in its sole discretion) or viruses or other malware which may harm the operation of the Services or anyone else’s computer; (e) to create an account for the purpose of making a competitive assessment of our services or incorporating any information or other content from the Site into any service you offer to third parties; (f) to engage in bad online citizenship, such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by our privacy policy, or attempt to reverse engineer or hack into our systems; (g) to access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; bog down the Site by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute; or (h) to reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Site.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KATE FARMS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

Medical Advice

No director, employee, agent, or representative of the Kate Farms, its parent companies, subsidiaries or affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through use of the Site.

YOU SHOULD NOT RELY ON INFORMATION ON THE SITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. KATE FARMS, INC. IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.

Should you need medical advice, you should seek professional help from medical professionals. This is especially true if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Content submission terms

You are solely responsible for all content you may submit (“User Content”). You warrant and represent that your User Content does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, state or local law, rule or regulation.

We have no obligation, but reserve the right, to monitor, flag, delete, or refuse to reproduce any User Content we believe may be in violation of these Terms, and to cancel any order(s) based on such User Content. Under no circumstances will Kate Farms be liable in any way for any loss of any User Content. The Site is not intended as a storage depository for User Content. You are responsible for retaining copies of your User Content.

You retain ownership of all User Content you submit, and you grant us and our designees the non-exclusive right to use such on the Site and elsewhere in our discretion.

You may also choose to leave a customer review, such as to rate a Kate Farms product or to share your overall service experience. For instance, following a purchase, we may reach out to you via email and ask if you would provide feedback about the product via a third-party platform such as Yotpo (https://www.yotpo.com/privacy-policy/). When you choose to leave such a review, or if you voluntarily share your story with us through our online form available here: https://www.katefarms.com/share-your-story/, you consent to Kate Farms displaying on the Kate Farms Services or within our marketing materials all or any part of the information that you provide, which may include first name and last initial, a profile photo, and the full some or all of the content of your feedback, within our sole discretion. If you ask to no longer receive product review requests, we will promptly honor your request. Please see our Testimonial Notice and Release, which is incorporated by reference into these Terms of Use, for more information.

Provision or Suspension/Withdrawal of the Services

You understand and agree that: (a) the Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Services is subject to these Terms; (b) we may decline to provide access to the Services or stop (permanently or temporarily) providing the Services (or any feature, program or content within the Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which are contained in your account.

Social Media Access

If you choose the option to access or log-in to the Services through a third party social media service that you belong to, such as Facebook, Twitter, YouTube, and/or Instagram, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service.

Mobile Access

If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. By accessing or using any Services via a mobile device, you agree to these Terms and to any applicable terms of a mobile app you may use.

United States Services

The Services are owned and operated by us in the United States. You are responsible for compliance with any local laws if you access or use the Services from anywhere else. All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the United States.

Purchases from Kate Farms

GENERAL

Kate Farms may offer products for purchase through the Services (“Products”). We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household or per order. Products purchased from us are for personal use only or as a gift and are not for resale. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PRICING

Prices for Products are subject to change without notice. All prices for Products are in U.S. dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.

PAYMENT

If you wish to purchase a Product or any other services made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. All payments through the Services are processed using a third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.

SHIPPING

Kate Farms currently ships only to locations within the 50 United States. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. Title to all Products and risk of loss or damage will pass to the buyer upon shipment from Kate Farms.

SUBSCRIPTIONS, RENEWALS, AND CANCELLATIONS

Kate Farms offers customers the option to sign up for a subscription to receive certain of our products on a recurring schedule to meet your nutritional needs. For instance, you may have the option to purchase and receive shipments of a particular product every four weeks, or at a different selected recurring weekly interval. Our subscription plans automatically renew unless a subscription is canceled, and we will provide you notice of the auto-renewal at least three days in advance of the subscription renewal. Please note, the reoccurring price of your subscription is subject to change.

Participation in our subscription plans is entirely voluntary, and you must affirmatively sign-up for a plan via our Services. For more information, please visit the Subscription information page of our website, available at https://shop.katefarms.com/pages/subscribe-and-save, or our Subscription FAQs, available at https://www.katefarms.com/customer-service/subscription-management/.

You may modify, update or cancel your subscription preferences at any time by logging into your Kate Farms account at our customer portal, available at https://shop.katefarms.com/account/login. To cancel a subscription, you may log in and click “Subscriptions,” select “Edit” next to the subscription you wish to cancel, then scroll down to select “Cancel Subscription.” Cancelled subscriptions may be re-activated at any time by selecting “Resume Subscription” in the inactive subscription section of the customer portal. If you purchase our products as a guest, you may cancel your subscription by clicking the link in the “Contact Us” section titled “Cancel my Subscription.” If you have questions about our subscription plans or renewals, please contact our Customer Care team via our website or as described in the “Contact Us” section.”

REFUNDS AND REPLACEMENTS

At Kate Farms, we stand behind our products and our quality controls, and we really do want what’s best for you. If you are dissatisfied with one of our Products you purchased from katefarms.com or one of our authorized sellers for any reason, we’ll happily provide you a replacement or a refund. Please let us know by contacting us within one year from your original purchase date. Please note that because we are unable to control the quality of our products sold by unauthorized sellers, unless otherwise prohibited by law, the Kate Farms Satisfaction Guarantee is not available for products purchased from unauthorized sellers. To request a replacement or a refund, please complete our Contact Us Form.

If needed, we will adjust this policy as required by the laws of the state in which you live. Because of food safety laws we unfortunately can’t accept the return of our Products. Our Satisfaction Guarantee is subject to change without notice.

For more information, please visit our Satisfaction Guarantee page to view our Satisfaction Guarantee. If you have additional concerns, our Customer Care team can be reached directly at our Contact Us Form or by calling 805-845-2446.

DISCLAIMERS

You understand that Products may contain materials that could be dangerous if handled improperly, and you acknowledge that Kate Farms is not liable for any personal injury or property damage arising from any misuse of any Products offered through the Service. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree not use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Kate Farms Gift Cards

PURCHASE AND USE OF GIFT CARDS

Kate Farms may offer gift cards in digital form (“Gift Cards”) through our Services. By purchasing, accepting, or using a Gift Card, you agree to be bound by the terms set out in this section and the entire Terms on behalf of yourself and all individuals who purchase, accept, or use the Gift Card under your account. A Gift Card will be issued originally to the purchaser via a confirmation email containing a unique code for redeeming the Gift Card value. The purchaser may later send the Gift Card to a desired recipient by forwarding the confirmation email containing such unique code.

REDEEMING GIFT CARDS

A Gift Card holds a balance, which can be applied toward purchases up to the available balance on the Gift Cards, including taxes and shipping. The available balance of the Gift Card is reduced by the amount of each purchase of products and other applicable deductions required by law. If you wish to make a purchase exceeding the available Gift Card balance, you must combine the use of the Gift Card with other payment methods accepted by us. You may redeem multiple Gift Cards toward the same purchase. The Gift Card balance may only be used on future purchases for eligible goods and services on KateFarms.com.

CHECKING GIFT CARDS BALANCE

You may check your Gift Cards balance by either (1) following the link in the confirmation email containing the unique code for redeeming the Gift Card value, or (2) contacting our Customer Care team via the Contact Us Form.

LIMITATIONS

Your Gift Cards balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, used for payment outside KateFarms.com, used for unauthorized advertising, promotional or commercial purposes, or used in a manner otherwise prohibited by these Terms or by law. Gift Cards are not refundable or redeemable for cash or credit, unless required by law.

By using a Gift Card you agree to comply with these Terms, and to not use a Gift Card in any way that is misleading, deceptive, unfair, or otherwise harmful to Kate Farms, our affiliates, or our users. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate user accounts, and cancel or limit purchases if we suspect that a Gift Card is obtained, used, or applied to a purchase on KateFarms.com fraudulently, unlawfully, or otherwise in violation of these Terms.

NO EXPIRATION OR FEES

Your Gift Cards balance does not expire. No inactivity, maintenance or other fees apply.

RISK OF LOSS

The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. You are responsible for safeguarding your Kate Farms Gift Cards from loss or unauthorized use. Kate Farms is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Cards.

DISCLAIMER

WITHOUT LIMITING THE DISCLAIMERS AND LIMITATION OF LIABILITIES IN OTHER SECTIONS OF THESE TERMS AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Indemnity, Disclaimers and Limits on Liability

INDEMNITY

You agree to release, indemnify, defend, and hold harmless Kate Farms, its affiliated companies (collectively “Kate Farms”), and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms or our other policies referenced in these Terms, including but not limited to any use of any of your User Content that infringes the rights of third parties. Kate Farms reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Kate Farms assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

DISCLAIMERS

To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SITE or any Productions created via the site, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SITE or any Productions created via the site. THE SITE and all Productions are PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the Services.

LIMITATIONS ON LIABILITY

THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or site or services, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the site or services. The maximum remedy available to you under these terms AND in connection with the site and services is reimbursement of any amounts you have paid to us DURING THE SIX MONTHS IMMEDIATELY PRIOR TO ANY CLAIM.

Legal Disputes

In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Exceptions to Disclaimers and Exclusions of Damages

If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

Timing of Claims

You must bring any claim you have against Kate Farms relating to these Terms or the Services within two years from the date of accrual of the applicable claim.

Legal Disputes and Arbitration Agreement

INITIAL DISPUTE RESOLUTION

We are available by email at legal@katefarms.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

AGREEMENT TO BINDING ARBITRATION

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Kate Farms will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and Kate Farms will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

EXCEPTION – SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 DAY RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: 30 S. La Patera Lane Unit 5 Goleta, CA 93117, or by fax to 805-832-6119. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Kate Farms also will not be bound by them.

EXCLUSIVE VENUE FOR LITIGATION

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Santa Barbara, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Santa Barbara, California for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Santa Barbara, California for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Santa Barbara, California over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Services.

Copyright and Trademark

INTELLECTUAL PROPERTY

Kate Farms owns or controls all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, expression, “look and feel” and arrangement of such Content contained on the Site, some or all of which is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, mobile application or other medium for publication or distribution or for any commercial enterprise, without Kate Farms’ express prior written consent.

You may use information about Kate Farms and its products (such as knowledgebase articles and similar materials) purposely made available by Kate Farms for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

Kate Farms is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances.

To report a problem other than copyright or trademark infringement, please email us at legal@katefarms.com. We may, in our sole discretion, limit, suspend, or terminate any user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

Digital Millennium Copyright Act (“DMCA”) Policy

Kate Farms will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

If you believe your copyright has been infringed, you should submit notice to:

Kate Farms, Inc. Attn: Legal Department 135 Beaver Street, St 200 Waltham, MA 02452 legal@katefarms.com

Any such notice should include the following:

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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

Your physical or electronic signature.
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.
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.

Links

Links provided within the Services will allow you to connect to other websites and services that are not under Kate Farms control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.

Errors and Inaccuracies

The Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid.

Notice to California Residents

To learn about more about the privacy rights of California residents, please see the “Your California Privacy Rights” section of our Kate Farms Privacy Policy, available here: Privacy Policy. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Kate Farms, Inc., d/b/a Kate Farms. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or contact Kate Farms via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Changes/Updates

We will notify you of changes to these Terms by posting the amended terms on the Services and providing any advance notice required by law. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms.

If you do not agree to the new Terms, you should stop using the Services, and if you are a registered user, you may cancel your account with us within the notice period we specify by contacting us at legal@katefarms.com, and you will not be bound by the new Terms. Otherwise, the new terms will take effect on the date listed in the notice we provide. Kate Farms employees do not have the right to modify these Terms orally or otherwise. If any employee of Kate Farms offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Kate Farms or speaking on our behalf.

Miscellaneous

APPLICABLE LAW

These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of California without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Kate Farms relating to use of any aspect of the Services.

ENTIRE AGREEMENT

These Terms of Service and the terms and conditions incorporated in these Terms of Service by reference are the entire agreement between you and Kate Farms.

SEVERABILITY

Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.

WAIVER

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

INTERPRETATION

In construing or interpreting the Terms of Use, headings are for convenience only, and not to be considered.

FORWARD-LOOKING STATEMENTS

This Services may contain forward-looking statements with respect to Kate Farms future events and business development. The forward-looking statements are not binding obligations or guarantees of Kate Farms, but Kate Farms beliefs with respect to the subject matter. Kate Farms future actions or results could differ materially from those included in any future looking statement. It is our intent to regularly update the Services but makes no commitment or warranty to do so.

ASSIGNMENT

You may not assign or transfer these Terms (or any of your rights or obligations under this Terms) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms inure to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Contact Us

We welcome your questions, comments, and concerns about these Terms or our Privacy Policy. You can contact us anytime via our website located at https://www.katefarms.com/contact-us/, or as follows:

Kate Farms, Inc., 30 S. La Patera Lane Unit 5 Goleta, CA 93117

Main: 805-845-2446 Fax: 805-832-6119 Email: legal@katefarms.com