Website Terms & Conditions of Use

Last updated October 30, 2023

 

THESE TERMS & CONDITIONS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THESE TERMS CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

Acceptance of the Terms

These Terms and Conditions of Use (“Terms”) are entered into by and between you and Once Upon A Farm (“Company,” “we,” or “us”) and govern your access to and use of onceuponafarmorganics.ca (the “Website”), including any content, functionality, and services offered on or through the Website.

 

BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

 

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with Once Upon a Farm and meet all of the foregoing eligibility requirements.  If you do not meet these requirements, you must not access or use the Website.

 

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them, as indicated by the “last updated” date, and apply to all access to and use of the Website thereafter.  You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of any such modifications. 

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

 

Accessing the Website

We reserve the right to withdraw, terminate, or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, or to users.

You are responsible for (i) making all arrangements necessary for you to have access to the Website and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access some of the resources on the Website, you may be asked to provide certain information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

 

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:  (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

 

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Use of our website is for your own personal, non-commercial use and not for further reproduction, publication, or distribution, which may include temporarily storing materials incidental to accessing and viewing those materials or for displaying materials.
• A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Use the Website in breach of these Terms.
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website.
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: care@uponafarm.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, its marks, including without limitation, “ONCE UPON A FARM” and “A BETTER STORY STARTS HERE,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners who have granted us the right and license to use such marks.

 

Prohibited Uses

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms.  Without limiting the foregoing, you warrant and agree that your use of the Website shall not:

• In any way manner violate any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright or other intellectual property, legal rights or in any way that could give rise to civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• For the purpose of exploiting, harming, or attempting to exploit or harm any individual in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

We cannot and do not assure that other users of our Website are or will be compliant with permissible uses of our Website or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  It is not intended to amount to advice or which you should rely.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk, including any information that may be provided through our Chat function as it provides only general information and can make mistakes.  You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.  Your use of the Website is at your own risk and the Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have no responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties.  All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  Such materials do not necessarily reflect the opinion of the Company.  The Company and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

 

By submitting your personal information and/or using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of any services.

 

Depending on your cookie usage:  By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns.  You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it.  You can also set your browser to turn off cookies.  If you do, however, some areas of the Website may not function adequately.  For more information on this automated information gathering practices, see Privacy Policy (Cookie).

 

Links from the Website

The Website may contain links to other sites and resources provided by third parties and these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, all of which may have separate privacy policies, data collection practices, and terms and conditions independent from us, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of this Website is located in the State of California in the United States.  We provide this Website for use only by persons located in Canada.  This Website is not intended for use in any jurisdiction where its use is not permitted.  If you access the Website from outside of Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, MAILBOMBING, CRASHES, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS IN INTEREST, NOR ANY OTHER PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS IN INTEREST, NOR ANY OTHER PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, assigns, and any other person or entity associated with the Company from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to any use of the Website’s content, any services, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

To the extent permitted by law, all matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the substantive laws of the State of California, U.S.A., without regard to choice of law provisions, and, if applicable, not by the 1980 U.N. Convention on contracts for the international sale of goods.  You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Website shall be resolved exclusively in the state or federal courts located in the County of Alameda, California.  You hereby irrevocably consent to such venue and jurisdiction and to the exclusive jurisdiction of any such court over any such dispute.

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law with such arbitration taking place in the city of Berkeley, in the County of Alameda, California.  THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Once Upon A Farm regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Your Comments and Concerns

This Website is operated by Once Upon a Farm, PBC, 2111 San Pablo Avenue, Berkeley, CA 94702.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:  care@uponafarm.com.