TERMS OF USE

THANK YOU FOR SHOPPING AT ON MAIN FARM.  PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OUR WEBSITE.  BY ACCESSING, USING OR BROWSING THIS WEBSITE OR PURCHASING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE IN ANY WAY, YOU (OR THE ENTITY YOU REPRESENT) ACCEPT AND AGREE TO AND ARE BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use this website.

On Main Farm, Inc. (“On Main Farm”, “we” or “us”) publishes, maintains and makes available this website as a service to our customers, potential customers, and other interested parties.  Please visit us frequently, browse our pages, purchase, and download materials subject to the terms and conditions set out below.

The following Terms of Use, and any changes hereto that we may publish from time to time (the “Terms of Use”), govern your use of this website with a front page at the [onmainfarm.com] domain name, along with all related blogs and affiliated Web pages and social media sites (collectively, the “Site”) and your use and receipt of any and all products, services and resources offered, enabled or provided to you by On Main Farm via the Site. 

We may change the Terms of Use from time to time and at any time, in our sole discretion and without notice to you, by posting such changes on the Site.  Your continued access or use of the Site constitutes your acceptance of the changes.  Your access and use of the Site will be subject to the most current version of the Terms of Use and any other guidelines and rules posted on the Site at the time of such use.  If you breach any of the Terms of Use, your authorization to access or use the Site may be terminated.  

1. Use of On Main Farm’s Website and Its Content

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. The Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

No part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you for personal, non-commercial use only to view, copy, download, and print posted documents (such as product descriptions, prices, forms and FAQs) that are available on this Site, subject to the following conditions:

1. The documents may be used solely for internal information purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except:  (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.

By using this Site, you agree to indemnify, hold harmless and defend [onmainfarm.com] and On Main Farm, Inc. (collectively, [onmainfarm.com] and On Main Farm, Inc. are referred to as “On Main Farm”) and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site.  You agree to cooperate as fully as reasonably required in the defense of any claim.  On Main Farm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

2. Intellectual Property Rights

Unless otherwise noted, all text and images contained on this Site are the property of [onmainfarm.com] or On Main Farm, Inc. and/or their respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.  

Our graphics, logos, page headers, button icons, scripts, service names, and other components of our Site and related materials are trademarks or trade dress of On Main Farm.  On Main Farm’s trademarks or trade dress may not be used in connection with any product or service that is not On Main Farm’s, in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits On Main Farm.

[On Main Farm relies upon a network of independent vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers.  On Main Farm is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on the Site, by its vendors.]

3. Accuracy of Content; Future Modifications to Site; Limitations on Quantity

The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies.  Errors will be corrected as soon as practicable.  We reserve the right to:  (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received).  We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged).  If a product offered by us is not as described, your sole remedy is to return it in unused condition.

4. Prohibited Conduct

You agree to use this Site only for lawful purposes.  Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:  (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this Site or an On Main Farm employee; (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (6) misrepresent the indentity of a user; (7) tamper with or obtain access to this Site or any component of this Site; (8) conduct fraudulent activities; or (9) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

We may disclose any content, electronic communication, evidence or potential evidence of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate On Main Farm; (iii) to protect the rights or property of On Main Farm, its affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce or apply these Terms of Use.  Please see the Privacy Policy posted on this Site for more information about how we may disclose information.

5. Account and Password 

On Main Farm may make certain products and services available to you following your completion of a registration process used to set up your account and generate a user name and password. Please refer to our Privacy Policy posted on the Site for our policies on the collection and usage of your personal information, whether collected via the registration of an account, or by your submission of information with respect to the purchase of products and services on the Site, including names, addresses, email addresses, phone numbers and credit card information. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis.  You are responsible for maintaining the strict confidentiality of your account password, and by setting up an account you accept all risks of unauthorized access to such information.  You shall be responsible for any access to or use of the Site by any person or entity using the password provided, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify On Main Farm of any unauthorized use of your password or account or any other breach of security, (b) take any reasonable steps within your control to prevent any further unauthorized use or breach, and (c) exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account.  On Main Farm will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.  

6. Fraud

On Main Farm actively reports and prosecutes actual and suspected credit card fraud.

We may require further authorization from you such as a telephone confirmation of your order and/or other information.  Our decision to require further authorization is at our discretion.  On Main Farm reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.  

On Main Farm captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud.  If any On Main Farm order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation.  On Main Farm will cooperate with authorities to prosecute offenders to the full extent of the law.  Please see the Privacy Policy posted on this Site for more information about how we capture and use information.

7. Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Site infringe your copyright, you may request that they be removed.  This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf.  Our contact for copyright issues relating to the Site is: info@onmainfarm.com.  

8. Disclaimer of Warranty

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL TEXT, IMAGES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED IN CONNECTION WITH THE SITE, IS PROVIDED BY ON MAIN FARM “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ON MAIN FARM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, DATA, DATA PROCESSING, CONTENT, UPTIME, AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR UNINTERRUPTED ACCESS OF OR TO THE SITE. ON MAIN FARM HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES.

ON MAIN FARM HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, BLOG POSTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH ON MAIN FARM OR ITS AFFILIATES, EMPLOYEES OR CONTRACTORS. 

YOU ACKNOWLEDGE AND AGREE THAT ON MAIN FARM SHALL PROVIDE ITS PRODUCTS AND SERVICES “AS IS” AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR RECEIPT OR USE OF ANY SUCH PRODUCTS AND SERVICES. ON MAIN FARM EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES EXPRESS OR IMPLIED, AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ALL LIABILITIES OR OBLIGATIONS OF ON MAIN FARM FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OR USE OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED THROUGH THE SITE.  THE PARTIES AGREE THAT THE FAILURE OF ANY PRODUCTS OR SERVICES TO CONFORM WITH ANY APPLICABLE DESCRIPTIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. 

WE MAKE NO WARRANTY THAT THE SITE OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED THROUGH THE SITE WILL MEET ANY USER’S EXPECTATIONS, REQUIREMENTS OR NEEDS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON OR THROUGH THE SITE OR ANY SUCH PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ON MAIN FARM DOES NOT WARRANT THAT (I) THE SITE OR INFORMATION CONTAINED HEREIN IS ACCURATE OR THAT ANY GENERAL OR PARTICULAR OR CORRECT RESULT CAN OR WILL BE ACHIEVED FROM YOUR APPLICATION OR USE THEREOF, OR (II) ANY DEFECTS OR ERRORS IN THE SITE WILL OR CAN BE CORRECTED. THE SITE MAY BE OUT OF DATE AND ON MAIN FARM MAKES NO COMMITMENT TO UPDATE THE SITE.

THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.  

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS.

9. Limitation of Liability

IN NO EVENT SHALL ON MAIN FARM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE ON MAIN FARM’S WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ON MAIN FARM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  IN NO EVENT SHALL ON MAIN FARM’S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED VALUE OF ALL PRODUCTS AND SERVICES PURCHASED BY YOU ON THIS WEBSITE.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

10. Privacy Issues

We are concerned about privacy matters for our customers.  Please review our Privacy Policy, which also governs your visit to our Site.

11. Risk of Loss

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract.  As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

12. Submission of Ideas, Comments and Questions

We welcome your feedback about our Site and its contents.  However, any comments, ideas, notes, messages, suggestions or other communications (collectively, “Submissions”) shall be and remain the exclusive property of On Main Farm As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in use, commercial or otherwise, of any Submissions.  UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO ON MAIN FARM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.  BY SUBMITTING THE SUBMISSION TO ON MAIN FARM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS.  YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL.  YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE.  YOU REPRESENT AND WARRANT TO ON MAIN FARM THAT ON MAIN FARM IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY ON MAIN FARM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

13. Links to Third-Party Websites

This Site may contain links to non- On Main Farm websites.  These links are provided to you as a convenience, and you access them at your own risk.  We are not responsible for the content of any linked website or any bulletin board associated with us.  Any outside website accessed from our Site is independent from On Main Farm, and we have no control over the content of such websites.

14. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party.  Likewise, a link to any non- On Main Farm website does not imply that we endorse or accept any responsibility for the content or use of such a website.

15. Termination of Use

On Main Farm may, in our sole discretion, terminate or suspend your use or access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use.  If at any time, we notify you that your access to and/or use of the Site is terminated, you must cease and desist from all such access and/or use immediately.  In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

16. Force Majeure

On Main Farm shall not be liable to you for any delay or failure to provide any products or services or perform any other obligations due to causes beyond its reasonable control, including, without limitation, acts of God, fire, storm, flood, drought, epidemic, pandemic, failure or default of public utilities or common carriers, accidents, earthquakes, acts of the public enemy, war, civil commotion, terrorism, rebellion, insurrection, riot, invasion, labor disturbances, strike or lockout. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay. Without limiting the foregoing, On Main Farm’s time of performance shall be lengthened, if and to the extent reasonably necessary, in the event that you fail to provide information or materials as requested by On Main Farm on a timely basis.

17. Jurisdictional Issues

We make no representation that information on this Site is appropriate or available for use outside the United States.  Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. Enforcement of Terms of Use

These Terms of Use and any dispute of any sort that might arise between you and On Main Farm or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; and (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.  You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.  Any claim or cause of action you may have with respect to use of the Site must be commenced within one (1) year after the claim arises.

19. Severability; Modifications

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

We reserve the right to make changes to the Site and our policies and promotions at any time.

20. Users/Participants

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 18 should use the Site without the consent of their parent or legal guardian.  We strongly encourage all parents and guardians to monitor the Internet use of their children.  Use of the Site by any user shall be deemed to be a representation that the user is 18 years or older.  We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the Site and for collection by us of certain information in accordance with the terms of our privacy policy.

21. Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein.  We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

22. For Additional Information

If you have any question about these Terms of Use, please contact info@onmainfarm.com