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Terms of Use

Last Updated: June 17, 2021

Acceptance of the Terms of Use

  1. These terms of use are entered into by and between you and Sustaina Company (“Sustaina” or “Company” or “we” or “us”). The following terms of use, together with the Privacy Policy and any documents they expressly incorporated herein by reference (collectively, these “Terms of Use”), govern your access to and use of http://www.sustaina.worldand all related subdomains (“Website”), the Sustaina mobile application(s) in the Apple, Android, or related stores ("App"), and any content, functionality, and services offered on or through the Website or the App (together with all related subdomains and social media pages, the “Sustaina Platform”), and your access and usage of Services (defined in Section 1(B) below), either as a guest (with limited rights), or registered user.
  2. Services. We provide a platform for you to coordinate and track all operational tasks of running a backyard farm. The Sustaina Platform is a tool to help manage the planning, production, building, maintenance, harvesting, marketing, and sales of an urban backyard farm business.
  3. Please read these Terms of Use carefully before you start to use the Services. These terms of use contain provisions that limit our liability to you and require you to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you in setting up a Sustaina Account (defined below), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.sustaina.world/privacy-policy/ , incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access Sustaina or use the Services.
  4. Term. These Terms of Use will take effect immediately upon commencement of your use of the Sustaina Platform and will remain in force and effect for as long as you are allowed to continue to use the Sustaina Platform.
  5. Subject to your acceptance and compliance with these Terms of Use and all applicable laws, Sustaina hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Sustaina Platform solely for your own lawful use.
  6. The Services are offered and available to users and guests who are 18 years of age or older. By using Sustaina Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are a minor (a minor often is someone under the age of 18), you may not register for, or otherwise access, the Sustaina Platform, nor may you agree to the terms of these Terms of Use unless your educational institution or parent agrees to and accepts the terms of these Terms of Use on your behalf. If you do not meet all of these requirements, you must not access Sustaina Platform or use the Services.
  7. If you are using the Sustaina Platform or the Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms of Use. The Company may issue you additional terms if you are a commercial entity, accordingly.

Changes to the Terms of Use

  1. We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Services. Your continued use of the Services following the posting of a revised Terms of Use means that you accept and agree to the changes. You are to check this page from time to time so that you are aware of any changes, as they are binding on you. We will use our best efforts to provide email notice to any registered users about the changes to these Terms of Use.

Accessing the Services and Account Security

  1. We reserve the right to withdraw or amend Sustaina Platform and any of the Services (including any support services) provided on the Website and the App. Further, we reserve the right to revise, update, modify, and close down any of the Services provided herein. We will not be liable if, for any reason, all or any part of Sustaina Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of http://www.sustaina.world, restrict access to some part of the Services, or the App, to users, including registered users.
  2. You are solely responsible for (i) making all arrangements necessary for you to have access to Sustaina Platform, and (ii) ensuring that all persons who access the Sustaina Platform through your internet connection are aware of these Terms of Use and comply with them.
  3. You may register for an account with Sustaina by registering as a registered user of the Sustaina Platform (“Sustaina Account”) and providing certain information about yourself as prompted by the registration form, including your first and last name, a valid telephone number, a valid email address at which you are able to receive email, and a valid postal address.
  4. You represent and warrant that: (i) all required registration information you submit is truthful and accurate, and (ii) you will maintain the accuracy of such information. You may not create more than one Sustaina Account, and you may delete your Sustaina Account at any time, for any reason, by following the instructions on the Website. We may suspend or terminate your Sustaina Account for any reason at any time in its sole discretion.
  5. It is a condition of your use of Sustaina Platform that all the information you provide us is correct, current, and complete. You agree that all information you provide to register with Sustaina or otherwise is governed by our Privacy Policy athttp://www.sustaina.world/privacy-policy/ , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  6. You also acknowledge that your Sustaina Account is personal to you and agree not to provide any other person with access to Sustaina Platform, or portions of either using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
  7. We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Services Transaction Terms

  1. You can download and use the App free of charge. However, in the future, a fee may be charged to use or access certain features.
  2. The Sustaina Platform includes tools that enable farms and local experts to sell their produce directly to consumers. All transactions for produce on the Sustaina Platform are subject to applicable taxes, including by way of any jurisdiction in which We are legally obligated to collect sales tax.
  3. Sustaina hereby disclaims all responsibility or liability of any kind for any produce sold and bought on the Sustaina Platform, including, without limitation, any responsibility or liability for personal injuries (including illness and death) or economic losses suffered by customers that buy produce on Sustaina Platform. The farms and local experts that sell the produce is responsible (i) to ensure the safety, quality, and proper labeling and packaging of such produce and to comply with all laws and regulations and industry standards applicable to such produce; (ii) the responsibility to make clear and truthful disclosure to customers of all material facts, information, and sales terms and conditions concerning the produce; (iii) the responsibility to arrange for shipping and delivery of the produce to customers; (iv) the responsibility to provide post-sale customer service and support (including processing returns and refunds) to customers; and (v) the responsibility to handle and resolve all claims and disputes with customers concerning the produce sold on Sustaina Platform.
  4. You agree that your order is an offer to buy, under these Terms, all produce listed in your order. All orders must be accepted by the farms or the local experts that are making the sale and We will not be obligated to sell the produce to you. The seller may choose not to accept orders at their sole discretion, even after sending the customer a confirmation email with order number and details of the items ordered.
  5. All prices, discounts, and promotions posted on the Sustaina Platform are subject to change without notice. The price charged for produce will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless specifically labelled otherwise.
  6. We strive to provide current and accurate information on Sustaina Platform about the Services or regarding the offers and transactions available to you. Nevertheless, errors and misprints occur, and accordingly, Sustaina reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. The Company reserves the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances is the Company obligated to process or complete any transaction based on any error, misprint, or otherwise.
  7. Terms of payment are within the Company’s sole discretion. Sustaina uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal, and the applicable bank agreement available athttps://www.braintreepayments.com/legal/bank-agreement.
  8. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  9. All produce sold on Sustaina Platform is final sale and non-returnable, We will not accept a return of the products for a refund of your purchase price.
  10. For defective returns, please contact the partner farm directly.

Communications with the Company

When you use the Sustaina Platform, you are communicating with us electronically, you consent to receive communications from us electronically. The Company may provide you with the use of email support services to enable you to communicate with the Company (“Communication Services”). You hereby acknowledge your consent to the following communications from the Company:

  1. telephone calls, text messages, push messages, in-app messages, and messages posted to your account on the Sustaina Platform, email from the Company regarding the Services, and
  2. information about the Company’s upcoming Services.
  3. The Company has no obligation to monitor the Communication Services but reserves the right to review materials posted to the Communication Services and to remove or censor any material in its sole discretion.
  4. When you use the Sustaina Platform on a mobile device, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data or other charges when you use the Sustaina Platform, and that any and all such charges will solely be your responsibility.

Intellectual Property Rights

  1. Sustaina Platform, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws.
  2. These Terms of Use permit you to use Sustaina Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on Sustaina, except:
    1. your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively,
    2. you may store files that are automatically cached by your Web browser for display enhancement purposes,
    3. you may not authorize any organizations, companies, or businesses to use the Services for any purpose, except with the written consent of Sustaina.
  3. You must not:
    1. modify copies of any materials from the Website or the App,
    2. delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the App, and
    3. If you wish to make any use of material on Sustaina Platform other than those set out in this Section, please address your request to support@sustaina.world.
  4. If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of Sustaina Platform in breach of the Terms of Use, your right to use Sustaina Platform will cease 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 Sustaina or any content on Sustaina Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Sustaina Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark or other laws.

Trademarks

  1. The Company name, the term “Sustaina” 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 Sustaina are the trademarks of their respective owners, where applicable.

Prohibited Uses

  1. You may use Sustaina Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use Sustaina Platform:
    1. For any unlawful purpose or in any way that violates 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 U.S. or other countries),
    2. 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 usernames associated with any of the foregoing), or
    3. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Sustaina Platform, or which, as determined by Us, may harm the Company or users of Sustaina Platform or expose them to liability.
  2. Additionally, you agree not to:
    1. use Sustaina Platform in any manner that could disable, overburden, damage, or impair the Website or the App or interfere with any other party’s use of Sustaina Platform,
    2. use any robot, spider or other automatic devices, process, or means to access Sustaina Platform for any purpose, including monitoring or copying any of the material presented thereon,
    3. use any manual process to monitor or copy any of the material on Sustaina Platform or for any other unauthorized purpose without Sustaina’s prior written consent,
    4. use any device, software or routine that interferes with the proper working of and delivery of the Services,
    5. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
    6. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Sustaina Platform, the server on which Sustaina Platform is stored, or any server, computer or database connected to the Services,
    7. use the Sustaina Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against Sustaina,
    8. attack Sustaina Platform via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack, or
    9. otherwise attempt to interfere with the proper working of Sustaina Platform.

Reliance on Information Posted

  1. The information presented on or through Sustaina Platform 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Sustaina, or by anyone who may be informed of any of its contents.
  2. Sustaina may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements 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 opinion 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 Sustaina

  1. We may update the content on Sustaina Platform, including with regard to the Services (and support services) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Sustaina may be out of date at any given time, and We are under no obligation to update such material.
  2. We may from time to time issue upgraded versions of Sustaina Platform. You consent to such automatic upgrading on Sustaina Platform (for full functionality) and agree that these Terms of Use will apply to all such upgrades.

Information About You

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

Linking to Sustaina

  1. You may link to Sustaina Platform, provided you do so in a way that is fair and legal and does not damage Sustaina’s reputation or take advantage of it, but you may not establish a link in any way as to suggest any form of association, approval, or endorsement on Sustaina’s part.
  2. You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
    1. establish a link from any website that is not owned by you,
    2. cause Sustaina or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or on-line linking, on any other site, nor
    3. otherwise take any action with respect to the materials on Sustaina that is inconsistent with any other provision of these Terms of Use.
  3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
  4. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links From Sustaina

If Sustaina Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and 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 or apps linked to Sustaina, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps, where applicable.

Third-Party Materials and Promotions

Sustaina Platform may display, include or make available third-party content (including data, information, articles, applications, or other products, services or materials) or contain links to third-party websites, services, and advertisements for third-parties (collectively, the “Third-Party Materials”). You agree that Sustaina is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Sustaina does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience.

Disclaimer of Warranties

  1. You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Sustaina Platform, 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 the reconstruction of any lost data.
  2. 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, mobile device, computer programs, data or other proprietary material due to your use of Sustaina or any services or items obtained through the Sustaina or to your downloading of any material posted on it, or on any website or app linked to it.
  3. We do not manufacture or control any of the produce offered on Sustaina Platform. The availability of produce through Sustaina Platform does not indicate an affiliation with or endorsement of any produce. Accordingly, we do not provide any warranties with respect to the produce offered on Sustaina Platform.
  4. Your use of Sustaina Platform, its content and any Services through Sustaina is at your own risk. Sustaina Platform, its content and any services it provides 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 Sustaina’s Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Sustaina Platform, its content or any services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Sustaina Platform or the server that makes it available are free of viruses or other harmful components; and that Sustaina’s Services or items you obtain through Sustaina Platform will otherwise meet your needs or expectations.
  5. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement, and fitness for a particular purpose.
  6. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

  1. 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 Sustaina Platform, any websites or apps linked to it, any content on Sustaina Platform or such other websites or apps, any services or items obtained through Sustaina Platform, 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.
  2. To the fullest extent permitted by applicable law, in no event will the maximum aggregate liability of Sustaina arising out of or relating to your access to or use of the Sustaina Platform exceed the lesser of (i) the amount paid, if any by you to Us for any Services or (ii) $100.00.
  3. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, service providers, and its 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 of Use or your use of Sustaina Platform, or your use of any information obtained from Sustaina Platform.

Governing Law and Jurisdiction

  1. All matters relating to Sustaina, Services, Privacy Policy and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), should be governed by and construed in accordance with the 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).
  2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Dispute Resolution

We encourage you to contact Sustaina’s Customer Service Department (support@sustaina.world) if you have concerns or complaints about the Sustaina Platform. Generally, customer complaints can be satisfactorily resolved in this way. If We cannot resolve your concerns informally, disputes between you and Sustaina should be resolved pursuant to this Section 19. At Sustaina’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with Sustaina, first to mediation in the U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys' fees, if the applicable law allows. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Waiver and Severability

  1. No waiver by the Company of any term or condition set forth in these Terms of Use should 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 of Use will not constitute a waiver of such right or provision.
  2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Company with respect to Sustaina Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Sustaina Platform.

Force Majeure

Any failure or delay by Sustaina in the performance of its obligations pursuant to these Terms of Use will not be deemed a default or breach of these Terms of Use or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the U.S. or any nation where the obligations under these Terms of Use are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of Sustaina.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to Sustaina should be directed to support@sustaina.world.