PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SUSTAINA COMPANY.
SECTION 17 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 17 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
Sustaina Company (“Sustaina”, “Company”, "our", "us" or “we”)provides a family of software platforms built for farms, food producers, farmers' markets, and agricultural producers to plan, manage, and sell direct to consumer.
This Agreement details how you and other users (collectively, “you,” “your,” or “Users”) can and cannot use any applications (the “App(s)”) or any websites ("Site(s)") operated by Sustaina Company that link to this Agreement (the “Sites”) (collectively, the “Services”).
While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
Payment Authorization. We offer you the opportunity to purchase products and produce from our Services. In addition, we offer paid subscription accounts for business and customer partners. If you choose to purchase such products or produce from our Services, or choose to register for a paid subscription account, you authorize us to charge your provided credit card to fulfill your request.
Credit Card Accuracy. If you give us your credit card information, either to buy products from the Services or to access a paid subscription plan, you represent and warrant that:
On-Time Payment for Subscriptions. You hereby authorize us to charge your payment method, in advance, for the amount of your subscription fees, inclusive of any and all Services that you have signed up for, for each agreed term of your selected subscription term. You hereby authorize us to modify the subscription fees charged for a selected subscription term upon thirty (30) days’ notice to you sent by email to the address provided on your registered account. The subscription fees, when paid, are non-refundable and accrue on the first day of each term or successive renewal term until canceled, regardless of whether you actually use the Services. Various Services on the Sites or App may require additional fees or charges not included within your subscription. You are required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by us. We may terminate or disable your subscription if you fail to pay fully and in a timely manner all amounts due to us. If your payment method expires or is otherwise declined for payment, access to the Services and the Sites may be modified, suspended, or cancelled, in our sole discretion and without notice to you. All fees are quoted and payable in United States Dollars.
Subscription Term; Auto Renewal. Subscriptions are normally assessed on a monthly or annual basis. Subscription fees are calculated from the day upon which a User’s paid subscription commences. A User’s subscription shall be for the initial term (e.g., monthly or annually) as may be selected by the User.
PAYMENTS AUTOMATICALLY RENEW FOR INDEFINITE SUCCESSIVE RENEWAL TERMS FOR THE SAME PERIOD AS THE INITIAL TERM, UNTIL CANCELED BY THE USER OR BY US IN ACCORDANCE WITH THIS AGREEMENT.
The subscription fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether you use the Services. Notwithstanding the language in this paragraph, if a subscription resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
Subscription Cancellation. Either you or we may cancel a subscription at any time for any reasons (unless otherwise stated in an applicable promotional offer). In the event of cancellation by us, all fees due to us up to the end of the then-current billing cycle at time of cancellation shall remain payment to us. No refunds will be provided for partial billing periods, unless otherwise specifically stated in an applicable promotional offer. Upon cancellation, you will retain access to the Services through the end of your billing period.
You can cancel your subscription by any of the methods below:
If at any time we believe, in our sole discretion, that you have violated any provision of this Agreement, we may immediately terminate your subscription and all other Services without any refund or other remedy, and all fees due to us up to the end of the then-current billing cycle at the time of such termination shall remain payable to us. Such termination will not limit any other right by us under contract, tort, or any other legal theory to pursue any claim or cause of action against you for violating his Agreement, including, without limitation, monetary damages, injunctive relief, attorney’s fees, and court costs.
Taxes. All transactions for produce and products on the Services are subject to applicable taxes, including by way of any jurisdiction in which we are legally obligated to collect sales tax.
Purchasing Produce or Products from Sustaina. You agree that your order is an offer to buy, under this Agreement, all produce or products 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.
Account Discrepancies. You may contact us by email at email@example.com concerning charges or other questions regarding the status of your account or purchases. However, if your account-related questions are not satisfactorily resolved within fifteen (15) business days of your first contact us, you must write us at: 1996 Navarro Avenue, Pasadena, CA 91103, delivered by United States mail.
By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
For website visitors and non-partners: You understand, acknowledge, and agree that any access to or use of the Services shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Services.
For business and customer partners: You understand, acknowledge, and agree that any access to or use of the Services shall be solely on behalf of your organization, and that you have all authorizations and rights necessary to use any portion of the Services on behalf of your organization.
By using the Services, you agree that:
The Services include tools that enable farms and local experts to sell their produce or products directly to consumers. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of the products and produce displayed through the Services, but we cannot guarantee that your device's display of any color will be accurate.
Sustaina hereby disclaims all responsibility or liability of any kind for any produce sold and bought on the Services, including, without limitation, any responsibility or liability for personal injuries (including illness and death) or economic losses suffered by customers that buy produce on the Services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.The farms and local experts that sell the produce are responsible for:
Right to Limit Services. We reserve the right, but are not obligated, to limit the Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered through the Service. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Pricing Subject to Change. All prices, discounts, and promotions posted on the Services 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.
Cancellations for Inaccuracies. We strive to provide current and accurate information 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. We reserve 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 are we obligated to process or complete any transaction based on any error, misprint, or otherwise.
Non-Returnable. All produce sold on the Services is final sale and non-returnable, we will not accept a return of the products for a refund of your purchase price.
Defective Items. For defective returns, please contact the partner farm directly.
While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.
We may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented, without notification to and/or approval by you, except as otherwise required by law.
Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.
When emailing us to complain about inappropriate or infringing content, please provide as much detail as possible, including:
We are committed to responding to all allegations of User Content in violation of this Agreement and seek to review all flagged User Content without undue delay.
We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content infringes on your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act (DMCA) Notice. Please see our DMCA Policy for more information.
The Services may contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless Sustaina Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
WE DO NOT MANUFACTURE OR CONTROL ANY OF THE PRODUCE OFFERED ON THE SERVICES. THE AVAILABILITY OF PRODUCE THROUGH THE SERVICES DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCE. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCE OFFERED BY THE SERVICES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SUSTAINA COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 17 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
IF YOU AGREE TO ARBITRATION WITH SUSTAINA COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Sustaina agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Orange County, California, or in federal court for the Central District of California.
At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
Under California Civil Code § 1789.3, California consumers are entitled to the following disclosures.
The name of the provider(s) of these Sites and services is:
To resolve any complaints about your use of these Sites and our services, please contact us using the available contact methods in the Contact Information section below.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by calling 800-952-5210 or by mail at:
We respect the copyright and other intellectual property rights of others and expect users of our website and application (collectively, the "Services") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our Terms for more information.
Notification of Alleged Copyright Infringement
If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
Submit your notice to our designated DMCA agent by mail or email as set forth below:
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.
Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.