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Terms & Conditions

Last updated April 10, 2024

 

THESE TERMS & CONDITIONS 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.

 

BY USING THIS WEBSITE, INCLUDING BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS

 

Acceptance of the Terms

These Terms and Conditions (“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.com (the “Website”), including any content, functionality, and services (including the purchase and sale of products) offered on or through the Website.

 

Please read these Terms carefully before purchasing any product or using our Website.  Your continued use of the Website will mean you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference.  If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older and reside in the United States (although please see Terms of Sale below for shipping limitations).  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the residence requirements.  If you do not meet all of these requirements, you must not access or use the Website, including obtaining products or services from 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.  However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

We reserve the right to withdraw 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, to users, including registered 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 the Website or some of the resources it offers, you may be asked to provide certain registration details or other 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 to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

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 by United States and international 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.
  • 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.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

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,” “MAGIC VELVET MANGO,” “BABY FOOD THE WAY YOU WOULD MAKE IT,” “WE MAKE HOMEMADE SO YOU DON’T HAVE TO,” “FROM THE FRIDGE, NOT THE SHELF,” 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

You may use the Website only for lawful purposes and in accordance with these Terms.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm any individual under eighteen (18) years of age in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards detailed below and set out in 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.

Additionally, you agree not to:

  • 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 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.
  • 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.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

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.

 

User Contributions

The Website may contain chat functions, product reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to us or to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms and detailed below under “Content Standards”.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable  right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, perform, display, distribute, and create derivative works from such User Contribution(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).  You further grant us an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your User Contribution(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your User Contribution(s) for any of the proposed uses listed above.

By submitting a User Contribution, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, us and each of our respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Contribution, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation.  Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the User Contribution or Your Personal Content embodied in such User Contribution or the exploitation of any of our rights as noted above.

You understand that we are relying upon your representations, grants of rights, waivers and releases in permitting you to submit a User Contribution.  You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms.

We do not guarantee that you will have any opportunity to edit or delete your User Contribution.  You acknowledge that you, not us, are responsible for the contents of any User Contribution(s).

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must:

  • Be original, accurate, and created by you.
  • Not be included in nor planned for use in any other advertising or promotional materials, for us or any third party.
  • Not contain any material that is defamatory, obscene, profane, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Not be likely to deceive any person.
  • Not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, or other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with us.
  • Not promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Not give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Not contain any material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  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 bot as it provides only general information and can make mistakes.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents or resources.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, or services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms.

TERMS OF SALE

Shipping and Returns / Terms & Conditions

Shipping Timeline

When it comes to our refrigerated and frozen line of products, we take great care to preserve quality and freshness throughout the shipping process. As a result, we do not ship for weekend deliveries. Orders are typically processed Monday-Wednesday with a standard 2-day delivery. On occasion we may ship on Thursday where 1-day delivery is possible.

Our shipping timelines are:

  • Refrigerated and frozen products should reach you within 3-9 days from date of purchase.
  • Pantry snacks take 2-11 days for order processing. Orders are shipped using the US Postal Service (USPS) Ground Advantage and may take 3-9 days to be delivered once USPS has picked up your package from our warehouse.

Tracking Updates for Pantry Snacks

While USPS typically takes 5-7 days to update delivery statuses or acknowledge that they have the package, please be aware that their tracking updates may sometimes lag. It's not uncommon for the status to jump from "Label Created" to "Out for Delivery" without intermediate updates.

Note that this schedule is subject to change during holiday periods. Please refer to your shipping notification email for tracking information related to your order. Should refrigerated pouches arrive warm to the touch, or frozen meals thawed, please do not consume. Please note that our Refrigerated Oat Bars can remain unrefrigerated for up to 7 days. If your order did not arrive cold or frozen, please contact care@uponafarm.com and we will be happy to assist.

Shipping Locations

For refrigerated and frozen products, we provide a standard 2-day shipping method to the 48 contiguous United States and the District of Columbia. Pantry snacks are shipped through USPS Ground Advantage with an average 3-9 days for delivery upon leaving our warehouse.

We cannot ship to PO Box addresses so please provide a street address as your shipping address in the checkout. Orders placed with a PO Box will be canceled and refunded. Unfortunately, we are currently unable to ship to Alaska, Hawaii or US Territories.

Changes to Your Subscription

Once Upon a Farm offers a subscription purchasing model for your convenience. When you create a customized subscription (via the Build Your Box page) on our Website, you can select any combination of available pouch blends (for a total of 16 or 24 pouches) or any combination of available meals (for a total of 16 or 24), select how often you would like your subscription to renew (every 1, 2, 3, 4 or 5 weeks), and set up automatic recurring payments. We do also offer optional one-time or recurring add-ons to your subscription if you would like to receive more products in one order shipment. In between subscription cycles you may modify these selections at any time before your next charge, pause your subscription, or cancel it. You will also get a reminder email 5 days before your next charge date. On occasion, Once Upon a Farm may make modifications to the product selections within your subscription box based on product availability. This also applies to add-on products and a la carte orders.

Order Now Feature

Within your online customer portal you can select “Order Now” for your order to immediately charge ahead of your next scheduled charge date. Please only submit this button once and allow a few minutes for processing. Please check your email for the order confirmation or refresh your browser and check your order history. Note that submitting “Order Now” more than once will result in multiple orders. If you are not seeing your order processed, please reach out to care@uponafarm.com.

Pause/Unpausing a Subscription

Pausing a subscription allows you to keep your current customized subscription (Build Your Box) intact without the need to rebuild your subscription when you return. When a subscription is paused, no further charges will occur. When unpausing a subscription, your next order will automatically charge after 12am EST (midnight). If you would like your order to charge at a later date, please update the next charge date immediately after unpausing.

Expiration Dates

We take great care to deliver you the best product experience possible. Due to our HPP process, our refrigerated products naturally have a shorter shelf life. We make every effort to ensure that your refrigerated pouch shipment has a minimum 2-week expiration date.

Our frozen meal and pantry snack shipments have a minimum 45-day expiration date.

Please note that pouches can be frozen all the way up until the expiration date (for up to 6 months) and must be eaten within 24 hours of thawing if the expiration date has passed.

Refunds

All sales are final. We do not accept returns, but we will issue credit, add product to a future order, reship or refund for products that are damaged en route to their destination. To seek credit, please email care@uponafarm.com or call us at 888-983-1606 with the following information:

  • Order number
  • Damaged product item description
  • Condition of damaged product upon arrival (please provide photos)
  • Date and time package was received

Promotions & Discounts

From time to time, we offer promotional discounts. Only one discount code can be applied per subscription or per order. Discount codes are also available for one-time use only. Please see your account portal for specifics to your account and if you have an applied promotional code. Discount codes can be entered at checkout or within the Discount Code section of your customer portal.

Shipping Process for Perishable Food

Shipping perishable food can be tricky. In order to ensure your product stays fresh in transit we use a special liner inside the box, add ice packs for our refrigerated products or dry ice with frozen meals, and use 1-2 day shipping (depending on your location). However, please note that your refrigerated or frozen meal order will arrive within 3-9 days from the time you placed your order. Pantry snack orders are processed Monday-Wednesday. Once shipped, the product will typically arrive from the US Postal Service within 3-9 days depending on your location. When your package ships (both subscriptions and a la carte), we will send you a confirmation email with a link to track your order. Please check your SPAM folder if you are not seeing an email from us or contact care@uponafarm.com with any additional questions.

Additional Resources

 

If you have any questions about your order please contact us at 888.983.1606 or send us an email.  You can find all the ways to reach our Customer Care team on the Contact Us page on our Website.

 

Please visit our FAQs page for additional information on our HPP (cold-pressed) process for our pouch blends as well as cooking instructions for our meals. 

Additional terms and conditions may also apply to specific portions, services, or features of the Website that may be provided from time to time.  All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Linking to the Website and Social Media Features

With our approval, you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  Please contact us at care@uponafarm.com to request approval.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, 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

We control and operate the Website from the State of California in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States, including any claim or statement about our products.  Access to the Website may not be legal by certain persons or in certain countries and we make no representation that materials on the Website or the products described thereby are appropriate or available for use in other locations.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export.

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, VIRUSES, 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.

 

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 OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE 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 SITE 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

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

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

Indemnification

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, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Berkeley and County of Alameda, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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.  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 provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms, our Privacy Policy, and Terms of Sale 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.

Notices

 

Notices And Procedures For Making Claims Of Copyright Infringement

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Websites’ designated agent.  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

 

Once Upon a Farm respects the intellectual property of others, and we ask our users and visitors to do the same.  We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information.  Please be advised that to be effective, your notice must include ALL of the following:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement should be directed to our copyright Agent:

By Mail:

Chris Folena, Chief Financial Officer

Once Upon a Farm PBC

2111 San Pablo Avenue Suite 2216

Berkeley, CA 94702

 

By Email:

Chris Folena, care@uponafarm.com  (Please include “Notice of Infringement” in the subject line.)

 

IMPORTANT NOTE:  THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ONCE UPON A FARM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

Repeat Infringers

 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

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.