Last updated: December 15, 2020
Central Coast Agriculture, Inc., a Delaware corporation (“Raw Garden”), owns and operates the Service.
1. WHO MAY USE THE SERVICE
By accessing or using the Service, you represent that you are at least 21 years of age and have full legal capacity. If you are under 21 years of age, you may NOT use the Service.
2. LOCATION; CHANGES; DURATION
The Service is provided to and accessed by users solely at our business location in Buellton, California, United States (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms and that you are availing yourself of the Service at the Business Location. Raw Garden makes no representations or warranties that the Service is appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES, BE AWARE THAT THE SERVICE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK.
We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms.
Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
3. USE OF THE SERVICE
3.1 Limited License to Use the Service
Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful and personal purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in the Service. If you breach any of these Terms, the above license will terminate automatically.
3.2 Information About You
If you want to use certain features of the Service, including to purchase products online, you may have to provide information such as your full name, email address, company name (if applicable) shipping address, payment information, and billing address.
You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF RAW GARDEN OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO RAW GARDEN.
3.3 Restrictions on Your Use of the Service
You agree that you will NOT use the Service, or any portion(s) thereof, in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:
- use the Service in a way that violates any law or infringes the rights of any person;
- use the Service to sell access to the Service, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;
- act as an agent, affiliate, or representative of Raw Garden or the Service;
- suggest or imply that Raw Garden or the Service has any relationship or affiliation with any other company or services, or that Raw Garden endorses, sponsors, or recommends the contents, products or services on any website, webpage, or other platform;
- modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service;
- circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service;
- impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;
- deep-link to any portion of the Service for any purpose; and,
- frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service unless you have Raw Garden’s express permission to do so.
4. PURCHASE OF PRODUCTS
We make available an online platform that allows you to purchase our merchandising products (the “Products”). Through the Service you will be able to browse our Products and place orders. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our Products to you.
4.1 Order Confirmation
By placing an order you offer to purchase a Product on and subject to the provisions of these Terms. All orders are subject to availability and confirmation of the order price. We will provide an email with an electronic invoice or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may in our sole discretion limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
4.2 Shipment Confirmation and Delivery
All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you may be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries delayed due to events beyond our control.
The prices displayed for Products available for purchase through the Service represent the applicable retail prices, and do not include shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Service are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Prices and product availability are subject to change without notice. All specials and promotions are limited to stock on hand.
By submitting an order through the Service, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling, and other relevant charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). To make a payment, you must provide us with a valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for orders placed and accepted via the Service.
4.5 Cancellation, Return, Exchange Policies
The Limited Warranty and Return Policy governs Product warranty, cancellation, return, and exchange. Any applicable shipping and/or handling charges are non-refundable.
4.6 Product Information
Some Products displayed on the Service may have limited availability and, because of their limited availability, stock may not be refreshed. When a Product featured on the Service is no longer in stock, we will seek to remove such Product from the Service in a timely manner. Should you have questions concerning the availability of a particular Product, please contact [email protected].
4.7 Errors, Inaccuracies, and Omissions
We seek to present the most recent, accurate, and reliable information on the Service at all times. However, occasionally information on the Service may contain typographical errors, inaccuracies, or omissions that relate to Product descriptions, pricing, promotions, offers (subject to applicable law), and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error, or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has been charged for the purchase and your order is canceled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
4.8 Cancellation of Orders
We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
- By accessing or using the website, you represent and warrant that you understand the various legal risks associated with the use of cannabis under applicable State and Federal laws. You acknowledge and agree that all statements concerning goods sold or made available through the website have not been evaluated, approved, or endorsed by the FDA.
- You acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in certain States, cities, counties, municipalities and local jurisdictions unless undertaken pursuant to applicable local law. You acknowledge and agree to abide by laws of your local jurisdiction.
5. CONTENT ON THE SERVICE
5.1 Definition of Content
“Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Website, or any other content through the Website that is copyrighted and/or trademarked work of Raw Garden.
5.2 Content of Raw Garden or Our Affiliates
One or more of Raw Garden, or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Website for any reason and without notice to you. You may NOT reproduce Content found on the Website in other websites or platforms without obtaining our prior written consent.
6. ELECTRONIC COMMUNICATIONS
If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to Raw Garden, whether by letter, email, telephone, through the contact form on our Website, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to Raw Garden all right, title, and interest in, and Raw Garden is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that Raw Garden is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. Further, Raw Garden is under no obligation to pay for or respond to any such comments or feedback provided by users. Raw Garden may use aggregated and statistical data derived from Website usage.
7.1 Links to Third-Party Websites
The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. Raw Garden has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that Raw Garden will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on our or through the Service, including payment and delivery of any advertised goods or services—and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such other user or third party. You agree that Raw Garden shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our Website.
7.2 Links From Third-Party Websites to Raw Garden Website
Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-party websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
You may link to the Service only in compliance with these Terms, and only in the following instances:
- The link does not reproduce the Content, totally or partially, in any way;
- The link does not contain false, inaccurate or incorrect statements about Raw Garden or the Service, in particular, statements that imply that Raw Garden in any way authorizes or approves the provision of the link, or the products or services of the third-party where the link is provided;
- The look and feel of all Content that accompanies the link or is on the same page as the link (for example, the entire article in which the link appears, even if it is not all on the same page as the link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with Raw Garden’s name, reputation or any of its trademarks, trade names or service marks, as determined by Raw Garden in its sole discretion; and,
- The third-party websites or resources where you link the Service do not contain or promote illicit, illegal (under Applicable Law), vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate Content, or racially, ethnically, or otherwise inappropriately discriminatory language as determined by us in our sole discretion.
- We may revoke our consent to a link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) business days) remove all affected links from your website.
8. INTELLECTUAL PROPERTY RIGHTS
Any trademarks and service marks, trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service (collectively, the “IP”) are owned by Raw Garden, licensed to Raw Garden, or used by Raw Garden in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any unauthorized reproduction or distribution of the Service that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: [email protected].
You agree to defend, indemnify, reimburse, and hold harmless Raw Garden as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, in connection with (i) your use or misuse of the Service, (ii) your breach of any provision in these Terms, (iii) any of your representations or warranties made herein, or (iv) your violation of any law or regulation or of rights of any third party. We will have the option to assume the exclusive defense and control of any action to which Raw Garden is named a party, and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
10. DISCLAIMERS AND LIABILITY LIMITATIONS
The express responsibilities set forth herein are the only responsibilities of Raw Garden to you in respect of the Service, and we have no other responsibilities to you with respect to the Service. You acknowledge that Raw Garden has no duty to take any action regarding: (a) which users access the Service; (b) what Content you access via the Service; (c) what effects Content may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content. Moreover, you understand and agree to the below-stated warranty disclaimers and limitations of liability. The laws of certain countries and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10.1 Warranty Disclaimers
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL INFORMATION AND CONTENT WE PROVIDE THROUGH IT: (1) ARE PROVIDED TO YOU ON “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES; (2) MAY INCLUDE ERRORS AND INACCURACIES; AND, (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, COMPLETENESS, SATISFACTORY QUALITY, AND ACCURACY. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF RAW GARDEN IS AWARE OF THEM; AND, (E) MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10.2 Raw Garden’ Liability is Limited
You agree, to the maximum extent permitted under applicable law, not to hold Raw Garden or any of our shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of the Service, or from a delay or inability to access or use the Service (including, but not limited to, your reliance upon third party information, content, user content, reviews and opinions appearing on the Service, viruses, errors, linked sites, properties, products and services obtained through the Service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Raw Garden or any of our officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be or is found liable for any loss or damages of any kind arising from your use of the Service, or the Content, such liability is expressly excluded to the fullest extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to Raw Garden by you (if any), or (b) a maximum of one hundred U.S. Dollars (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Raw Garden’s liability will be limited to the fullest extent permitted by applicable law.
11. DISPUTE RESOLUTION SYSTEM
11.1 Governing Law
These Terms are made in, entered into, governed by, and will be construed in accordance with the laws of the State of California, United States , without resort to its conflict of laws provisions.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RAW GARDEN, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT RAW GARDEN AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at http://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Los Angeles, California, United States, unless you and Raw Garden otherwise agree in writing. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.
11.3 Irreparable Harm
Notwithstanding Section 11.2, you acknowledge that unauthorized use of the Service or other breach of these Terms could result in immediate and irremediable damage to Raw Garden, and that money damages alone would be inadequate to compensate Raw Garden. Therefore, in the event of your breach or threatened breach of any provision of these Terms, Raw Garden may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance. No bond or other security will be required in obtaining such equitable relief.
12. GENERAL PROVISIONS
12.1 Relationship of the Parties
No agency, partnership, joint venture, or employment relationship is created or exists between you and Raw Garden or our affiliates unless expressly stated in another agreement.
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.
12.3 Entire Agreement
These Terms constitute the full agreement in respect of your use of the Service, and supersede any other communication, understanding or agreement between you and Raw Garden concerning the Service.
If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.
You may not assign or transfer the Terms or any licenses and rights discussed herein. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.6 Force Majeure
Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Terms is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, pandemic, including the COVID-19 pandemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices we send you will be deemed delivered when emailed or transmitted by us.
All notices, approvals, requests or demands you make to Raw Garden, shall be in writing, and shall be sent by express courier as follows:
Central Coast Agriculture, Inc.
85 West Hwy 246, Suite 233 Buellton CA 93427
12.8 All Rights Reserved
All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.