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Terms & Conditions

TERMS AND CONDITIONS FOR USE
OF KATE FARMS, INC.

Website

AGREEMENT TO TERMS AND CONDITIONS

Kate Farms, Inc. (“Kate Farms” or the “Company”) provides its website and all associated websites (including any of Kate Farms’ sites) for general public access, but such access is subject to the Terms and Conditions for Use (the “Terms and Conditions”) set forth herein. The Site belongs to Kate Farms. By accessing or using the Site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions.

Kate Farms reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Kate Farms grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

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 and Conditions, no part of the Site 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.

DISCLAIMERS

You acknowledge and agree that:

Your use of and browsing on this Site are at your own risk. Kate Farms makes no warranties or representations as to the accuracy of the information contained on this Site. Neither Kate Farms nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.

Kate Farms assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of this Site.

To the maximum extent permitted by applicable law, you expressly waive all claims against Kate Farms, our officers, directors, employees, affiliates, suppliers and programmers that may arise from your use or access of this Site.

Although we strive to provide on this Site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Site. Each person using the Site assumes full responsibility and all risks arising from use of this Site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Kate Farms reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

THIRD PARTY CONTENT

Kate Farms is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites.

FORWARD LOOKING STATEMENTS

This Site 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 Kate Farm’s intent to regularly update the Site, but makes no commitment or warranty to do so.

USE BY YOU

You understand, acknowledge, and agree to the following:

–By using this Site, you agree not to disrupt or intercept Kate Farms electronic information posted on the Site or on any server used by Kate Farms. You also agree not to attempt to circumvent any security features of the Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

–To the extent that You upload or otherwise send content, information or data to the Site, You grant the Company the right to use all content you upload or otherwise transmit to the Site in any manner that the Company chooses, subject to these Terms and Conditions and the Company’s Privacy Policy; including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

–Any relationship between any user of the Site and the Company is public in nature, and not in any manner confidential. No user of the Site should make any oral, written or electronic communication through the Site or otherwise to the Company (such as feedback, questions, comments, suggestions, ideas, etc.) with the expectation that it will be a private communication. Where the Site requires or requests information, and that such information contains personal identifying information (e.g., name, address, phone number), the Company shall obtain, use and maintain this information in a manner consistent with Company’s Privacy Policy. Otherwise, all information received by Company is non-confidential, and Company is free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. Anyone sending information to Company is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

— Copyright Complaints (DMCA policy). The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

  • If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify the Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
    • A physical or electronic signature of 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 Service Provider to locate the material;
    • Information reasonably sufficient to permit the Company 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; and
    • 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.

Please send notice to:

Kate Farms, Inc.

Attn: Legal Department

101 Innovation Place

Santa Barbara, CA 93108

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

NO MEDICAL ADVICE

No director, employee, agent, or representative of the Company, its subsidiaries and 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.

INTELLECTUAL PROPERTY

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. The Company owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Kate Farms, Inc., its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners. No rights are granted to any party by use of the Site to the use of any trademark on the Site.

PRIVACY AND SECURITY

Company’s use of personally identifiable information is governed by its Privacy Policy and by accessing and using our Site, you agree to be bound by that policy. You recognize and agree that when submitting your personally identifiable information to Company there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KATE FARMS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER OF THE SITE SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER OF THE SITE IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN INFORMATION AND PASSWORDS.

LIMITATION OF LIABILITY

THIS SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “KATE FARMS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not sitely to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, your use of the Site (including negligent or wrongful conduct) and/or the use of any Site for which you have registered by any other person using your user account.

GENERAL

You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. The Site was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any sitelicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Site or these Terms and Conditions more than one (1) year after such claim or cause of action arose.

JURISDICTIONAL ISSUES

This Site is intended for residents of the United States only, and we may take certain measures (such as IP address blocking) to limit access to this Site by only such users. This Site is controlled by Kate Farms, Inc. with its U.S. corporate headquarters located in Santa Barbara, CA, United States. The Company makes no representation that materials on this Site are appropriate or available for use in other locations.