Future Farms, LLC Membership Agreement
Effective Date: October 14, 2024
This Future Farms, LLC Membership Agreement (the “Terms”) is a legal contract between you (“Member”, “you”, or “your”) and Future Farms, LLC (“Future Farms”, “we”, “our”, or “us”) and governs the services we may provide through our website (the “Site”) and your use of all the text, data, information, software, graphics, photographs, and other materials that we make available to you (collectively, the “Services”).
Section 1: Overview
Future Farms provides freshly grown microgreens and other produce directly to our Members through our subscription service. Members can build their own orders online, choosing the frequency of their deliveries—whether weekly, biweekly, or monthly. All orders are grown, harvested, and delivered by Future Farms, and pick-up orders must be collected from our farm located at 185 43rd St, Pittsburgh, PA 15201.
Due to the unpredictable nature of farming, we cannot guarantee the delivery of specific items on any particular date. We reserve the right, in our discretion, to change or modify portions of these Terms at any time without further notice. If we modify or change the Terms, we will post the changes on this page and indicate the date these Terms were last revised. You should periodically visit this page to review the current Terms. If you do not agree to abide by these or any future Terms, do not use or access the Services. Please review these Terms carefully.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
Section 2: Use of Services
By using the Services, you represent that you are at least the age of majority in your state of residence. We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services, conditioned on your compliance with these Terms, including the following:
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You will only use the Services for legal purposes and in a manner that does not infringe upon the rights of others, including intellectual property rights;
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You will not post or communicate offensive, obscene, false, defamatory, or otherwise unlawful content on the Site or through the Services;
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You will pay all amounts owed under any transaction you participate in through the Services, including any applicable taxes;
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You will follow all Future Farms policies and these Terms.
Future Farms reserves the right to terminate your access to the Services at any time without prior notice, with or without cause, in its sole discretion.
Section 3: Registration
You do not need to create an account to browse the Site. However, to purchase our products or subscribe to our service, you must create an account. You agree to provide accurate, current, and complete information during registration, and you are responsible for maintaining the confidentiality of your account password. You are solely responsible for all activities that occur under your account.
By creating an account, you consent to receive electronic communications from Future Farms, which may include transactional or promotional communications. You may opt out of promotional communications by following the unsubscribe instructions in those emails.
Section 4: Payment
You agree to pay the price applicable for all products or services you order at the time of purchase, along with any associated fees or taxes. Future Farms reserves the right to suspend or terminate your account if payment is late or your payment method is invalid. By providing your payment information, you authorize us to charge your selected payment method for the total amount of your purchase.
Section 5: Cancellations, Refunds, and Adjustments
You may cancel your subscription at any time by logging into your account and submitting a cancellation request. However, cancellation requests must be submitted 14 days prior to your next scheduled delivery. If a cancellation is made less than 14 days before your next delivery, you will still receive that delivery, and your subscription will be canceled after that final delivery. All applicable charges for that final delivery will still apply.
Changes to your subscription frequency or product preferences must also be made at least 14 days before your next scheduled delivery.
Section 6: Pickup and Delivery
Future Farms currently delivers to select areas within the Pittsburgh region. If you reside outside of our delivery zones, you may elect to pick up your order from our farm located at 185 43rd St, Pittsburgh, PA 15201. Pickup is available during normal business hours on Monday and Tuesday, or by custom arrangement, subject to our discretion.
If you choose delivery, you agree that Future Farms may leave your delivery at the address you have provided, whether or not you are present to receive it. We are not responsible for product quality issues arising from improper handling after delivery. You are responsible for the proper storage of items, including refrigeration when necessary.
In the event of inclement weather or unforeseen circumstances that prevent delivery on the scheduled day, we will make reasonable efforts to deliver as close to the original delivery date as possible.
Section 7: Pricing and Availability
By subscribing to Future Farms, you agree to pay the total amount for your subscription. Prices and product availability may vary due to weather, pests, or other farming conditions. Future Farms reserves the right to substitute products in your order if necessary. You may add additional products to your order during the customization window, and we will charge your payment method for those additional items.
Section 8: Product Descriptions
Future Farms endeavors to provide accurate product descriptions; however, we do not warrant that product descriptions or other content on the Site are complete, reliable, or error-free. Products may vary from their descriptions due to factors beyond our control. Your sole remedy for any issues related to product descriptions will be a credit or refund for the affected product.
Section 9: Acts of god and other events
Future Farms shall not be liable for any delay or failure to perform due to circumstances beyond our control, including, but not limited to, acts of God, fire, flood, weather conditions, pests, or any other force majeure event. We reserve the right to substitute products in your delivery when necessary to maintain schedules.
Section 10: Intellectual Property
All content and materials on the Site, including, but not limited to, text, graphics, logos, images, and software, are the intellectual property of Future Farms, LLC or are used with permission of the respective owner. Such content is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services without express written permission from Future Farms, LLC.
Nothing in these Terms shall be construed as granting any license or right to use any trademark, service mark, or logo displayed on the Site without the express written permission of Future Farms, LLC or the owner of such trademark, service mark, or logo. Any unauthorized use of the content or materials on the Site is strictly prohibited.
Section 11: Indemnification
You agree to indemnify, defend, and hold harmless Future Farms, LLC, its affiliates, directors, officers, employees, agents, contractors, licensors, and suppliers 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 breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.
This indemnification obligation will survive the termination of your use of the Services and/or these Terms.
Section 12: Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND FUTURE FARMS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUTURE FARMS, LLC DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, STORAGE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE. FUTURE FARMS, LLC IS NOT LIABLE FOR ANY INJURY, ILLNESS, OR DAMAGES ARISING FROM THE HANDLING OR CONSUMPTION OF THE PRODUCTS PROVIDED.
Section 13: Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUTURE FARMS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FUTURE FARMS, LLC’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM.
Section 14: Choice of Law and Venue
These Terms and all related disputes are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania.
Section 15: Dispute Resolution and Waiver of Jury Trail
In the event of a dispute, both parties agree to attempt to resolve the issue in good faith within thirty (30) days of the dispute arising. If a resolution cannot be reached, the dispute will be submitted to binding arbitration in Allegheny County, Pennsylvania.
Both parties expressly waive the right to a jury trial or to bring or participate in any class action or collective proceeding related to any dispute.
Section 16: Class Action Waiver
Both parties agree that any claims or disputes shall be resolved on an individual basis and not as part of any class or collective action. You waive any right to participate in a class action or collective proceeding related to any dispute arising from these Terms or your use of the Services.
Section 17: Miscellaneous
These Terms constitute the entire agreement between you and Future Farms, LLC regarding your use of the Services and supersede any prior agreements. Future Farms, LLC may terminate your access to the Services at any time, with or without notice, in its sole discretion. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Future Farms, LLC.