Terms + Conditions

Terms Of Use Of This Website

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

If you have any questions or concerns regarding these Terms of Use, please contact us at [email protected].

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

User Agreement & Acceptance of These Terms Of Use

The following are terms of a legally binding agreement (the “Terms of Use”) between you and New AeroFarms, Inc. d/b/a AeroFarms, or any of its parents, direct or indirect subsidiaries or affiliates (collectively, “AeroFarms”, “us” or “we”) that sets forth the terms and conditions for your use, in any manner, of the website located at https://www.aerofarms.com or of any other website, web page or other Internet platform offered by or through AeroFarms, wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, the “Website”). The Website is owned and operated by AeroFarms and is being provided to you expressly subject to these Terms of Use. By accessing, browsing and/or using the Website, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions contained herein and to comply with all other policies, rules, regulations, terms and conditions that otherwise appear on the Website and all applicable laws and regulations. The terms and conditions contained herein form an essential basis of the bargain between you and AeroFarms.

AeroFarms reserves the right to update, modify, or amend these Terms of Use at any time and will notify you of any such changes by posting the revised Terms of Use on the Website. You should check the Website periodically for changes. All changes shall be effective upon posting. Your continued use of the Website after any change to the Terms of Use constitutes your agreement to be bound by any such changes. AeroFarms may terminate, suspend, change, or restrict access to all or any part of this Website without notice or liability.

Restrictions and Limitations of Use

The copyright in all content on the Website, such as text, data, articles, design, design, source code, software, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other information and material (collectively, the “Materials”), is held by AeroFarms and is protected under the laws of the United States of America and International copyright laws and treaties. Unauthorized use of the Materials may violate copyright, trademark and other laws.

Except as stated herein, none of the Materials may be sold, modified, copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted, transmitted or otherwise used in any way, including for any public or commercial purpose, or in any form or by any means, including, without limitation, by electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AeroFarms and/or its licensors. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You acknowledge that the Materials are and shall remain the property of AeroFarms. You may not modify, participate in the sale or transfer of, or create derivative works based on any Materials, in whole or in part.

Any rights not expressly granted herein to use the Materials are reserved by AeroFarms in full.

You may not use the Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use, (iii) in any manner that could damage, disable, overburden or impair the Website, (iv) in any manner that may interfere with any other party’s use and enjoyment of the Website or (v) if you are under thirteen (13) years of age.

Subject to your full compliance with these Terms of Use, AeroFarms authorizes you to view the Materials on the Website and you agree to use the Website only for your own lawful, personal and non-commercial purposes. You are prohibited from any use of the Materials or Website that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. You may not, without AeroFarms express written permission, “mirror” any Materials contained on the Website or accessible through the Website on any other server or in any other manner. Any unauthorized use of any Materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. The use of the Materials on any other Website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without AeroFarm’s prior written approval.

Any unauthorized use of the Website, including but not limited to unauthorized entry into AeroFarm’s systems, misuse of passwords, or misuse of any information posted on the Website is strictly prohibited. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. AeroFarms makes no claims concerning whether the Materials may be downloaded or is appropriate for use outside of the United States. If you access this Website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

AeroFarms reserves the right, in its sole and absolute discretion, to terminate your access to the Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

Eligibility and The Children’s Online Privacy Protection Act

By accessing or using the Website or any services offered through the Website you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13) years of age. We do not knowingly collect or solicit personally identifiable information from minors under the age of thirteen (13). If you are a minor under the age of thirteen (13), please do not attempt to register for or otherwise use the Website or any services offered through the Website or send us any personal information. If we learn we have collected personal information from a minor under thirteen (13) years of age, we will delete that information as quickly as possible. If you believe that a minor under thirteen (13) years of age may have provided us personal information, please contact us at [email protected].

Links To Third-Party Sites

The Website may contain links to websites controlled, owned, and operated by third parties (the “Third-Party Website(s)”). AeroFarms cannot control and has no responsibility for the accuracy or availability of information provided on the Third-Party Websites. You acknowledge that use of any Third-Party Website is governed by the terms of use for those Third-Party Websites, and not by these Terms of Use. Links to Third-Party Websites do not constitute an endorsement or recommendation by AeroFarms of such sites or the content, products, advertising or other materials presented on such Third-Party Websites, but are only for your convenience and you access them at your own risk. Such Third-Party Websites may have a privacy policy different from that of AeroFarms and the Third-Party Websites may provide less security than the AeroFarms’ Website. AeroFarms is not responsible for the content of any Third-Party Websites, nor does AeroFarms make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Websites, and AeroFarms shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such Third-Party Websites or otherwise.

Submitted Content

When you upload or otherwise submit any information, materials or other content whatsoever to or through this Website (“Submitted Content”), you represent and warrant that such Submitted Content (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive or misleading, (ii) does not violate any intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity, (iii) does not otherwise violate Applicable Law and (iv) does not otherwise contain any inaccurate or untruthful information.

By uploading or otherwise submitting Submitted Content to or through this Website, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to AeroFarms a non-exclusive, fully paid-up, royalty free, perpetual, worldwide license (the “License”) to use all of the content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on the Website and websites other than the Website, including, without limitation, on any social media, blog or similar website.

If you post, upload and/or submit any Submitted Content on the Website, you will not: (i) harass, defame, intimidate or threaten another user of the Website; (ii) interfere with the rights to privacy of any another user of the Website; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual, a business, or AeroFarms); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vii) advertise or sell any goods or services.

If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. Your permission given herein is hereby acknowledged to constitute written consent under Applicable Law. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied. Further, you represent and warrant to AeroFarms that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by AeroFarms in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.

The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns. You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to AeroFarms.

IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO AEROFARMS YOU MAY NOT SUBMIT ANY MATERIALS TO AEROFARMS.

DISCLAIMER OF WARRANTIES

THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AEROFARMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. AEROFARMS FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE. AEROFARMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AEROFARMS, OR ANY OF ITS SUBSIDIARIES, PARENTS AND AFFILIATED COMPANIES, OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS (EACH AN “AEROFARMS PARTY” AND COLLECTIVELY, THE “AEROFARMS PARTIES”) BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED – LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THE WEBSITE OR ANY CONTENT ON THE WEBSITE, EVEN IF AN AEROFARMS PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN AEROFARMS TOTAL LIABILITY WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THE WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US $100).

THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

INDEMNIFICATION

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE AEROFARMS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR MISUSE OF THIS WEBSITE.

Security

AeroFarms reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing AeroFarms to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.

Arbitration Agreement.

Please read the following Arbitration Agreement carefully. It requires you to arbitrate certain disputes and claims with AeroFarms and limits the manner in which you can seek relief from us. Both you and AeroFarms acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, AeroFarms officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AEROFARMS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

(a) Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in the Commonwealth of Virginia. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, AeroFarms shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees.(c) Waiver of Jury Trial. YOU AND AEROFARMS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and AeroFarms are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and AeroFarms over whether to vacate or enforce an arbitration award, YOU AND AEROFARMS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.

(e) Opt-out. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out either by email at [email protected] or by mail, postmarked within thirty (30) days of first accepting these Terms of Use to the following address: 1526 Cane Creek Parkway, Ringgold, VA 24586 Attention: AeroFarms Legal. Your notice (whether submitted via email or via mail) must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account (if applicable); and (3) a clear statement that you want to opt out of these Terms of Use’s arbitration agreement.

(f) Exclusive Venue. If you send the opt-out notice in (e), and/or in any circumstances where the foregoing arbitration agreement permits either you or AeroFarms to litigate any dispute arising out of or relating to the subject matter of these Terms of Use in court, then the foregoing arbitration agreement will not apply to either party and both you and AeroFarms agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the Commonwealth of Virginia.

(g) Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Website or service offered through the Website, provided that AeroFarms may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and AeroFarms agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and AeroFarms, and that these Terms of Use supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of AeroFarms, and you do not have any authority of any kind to bind AeroFarms in any respect whatsoever.

Governing Law; Legal Jurisdiction

If you make any claim against AeroFarms or any other AeroFarms Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:

All aspects of the claim, whether procedural or substantive, shall be governed by the laws of the Commonwealth of Virginia, except conflicts of laws that would cause another jurisdiction’s laws to apply and unless the dispute is governed by federal law other than federal law governing conflicts of law, in which case federal law shall govern.
Prior to commencing any legal action against any AeroFarms Party, you must provide each such AeroFarms Party with at least thirty (30) days prior written notice of any claim, including a reasonably detailed description of your claim and such AeroFarms Party’s responsibility, together with your request for what you would like such AeroFarms Party to do about your claim.
The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you first visited the Website.
You agree that any legal action brought by you, or on your behalf, shall be exclusively venued in in the state or federal courts located in the Commonwealth of Virginia (the “Agreed Forums”).You agree that in the event that you initiate any legal action in any other court or forum, or in the event that an action is commenced on your behalf in any other forum, such action shall be transferred to one of the Agreed Forums.
You waive any claim that the Agreed Forums are inconvenient and agree to forego any claim to transfer the venue for dispute resolution.
You agree to bring any claim individually and not through any class action.
To the extent that it may be relevant, you agree that your use of the Website and any transaction arising in connection with such use shall be deemed to have occurred in the Commonwealth of Virginia.

If any provision of these Terms of Use is found to be invalid or unenforceable by an arbitration tribunal or a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. You cannot transfer your rights or obligations under these Terms of Use to anyone without AeroFarms written permission and any attempted assignment without AeroFarms written permission shall be null and void and of no effect whatsoever. AeroFarms failure to enforce any provision of these Terms of Use does not waive AeroFarms right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only but are not themselves enforceable provisions of these Terms of Use.

Privacy Policy

AeroFarms is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose any personal information that individually identifies you (e.g. your name, address, phone number, e-mail address). These Terms of Use refer to and incorporate herein the AeroFarms Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, a copy of the AeroFarms Privacy Policy is located here: www.aerofarms.com/privacy-policy/.

As used in the AeroFarms Privacy Policy, personal information means any information about an identifiable individual. The AeroFarms Privacy Policy explains our online information practices and the choices you, as a visitor to any web page, website application or platform offered through any social media website operated or provided by AeroFarms related to its United States operations can make about the collection and use of your personal information. We will only collect, use and disclose your personal information in accordance with this Privacy Policy.

How to Contact Us

We welcome your feedback. If you have questions, comments or concerns about our Terms of Use or Privacy Policy, or would like to do any of the following:

see personal information that you have already sent us so that you can correct or update or delete your personal information from our files;
if your child under thirteen (13) has sent us personal information, delete that personal information from our files;
if you believe, in good faith, that any materials on the Website infringe your copyrights;
ask that we not send you mailings or otherwise contact you; or
report any violation of this Terms of Use or our Privacy Policy.

Please contact us either by email at [email protected] or by mail at:

New AeroFarms, Inc. d/b/a AeroFarms

Attention: AeroFarms Legal

1526 Cane Creek Parkway

Ringgold, VA 24586

(888) 768-0833

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