Updated: May 12, 2025
These Farmhand Customer Terms of Service (these “Terms”) govern your access and use of Farmhand’s proprietary platform for managing your subscriptions and Orders (as defined below) with our merchant farmer customers, the services we provide to you on behalf of such merchant farmers, and any other services and products we provide to you, as further described herein. This Agreement is a legally binding contract entered into between Tract Learning, Inc. dba Farmhand, a Delaware corporation (hereinafter, “Farmhand,” “we,” “us,” and/or “our”) and you (“you” and/or “your”). If you interact with the Farmhand Services, including any Checkout Pages (as each term is defined in Section 1 below), these Terms apply to you.
IMPORTANT — PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND FARMHAND GOVERNING YOUR ACCESS AND USE OF THE FARMHAND SERVICES.
NOTICE OF AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST FARMHAND TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FARMHAND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 15 FOR ADDITIONAL INFORMATION.
NOTICE OF WARRANTY & LIABILITY DISCLAIMERS: PLEASE BE ADVISED THAT FARMHAND DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU AS SET FORTH IN SECTIONS 6 AND 13.
“Account Data” means any information or data that we post to your Account that is (a) provided to us from Merchant(s) based on purchases and subscriptions for Produce you previously made with the applicable Merchant, or (b) provided, transmitted, or submitted by you in connection with any Checkout Pages.
“Checkout Pages” means the checkout webpages Farmhand has implemented for Merchants who have obtained access to our Platform and entered into an agreement with Farmhand for the use of the Platform, and through which you may place Orders with the applicable Merchant in accordance with this Agreement.
“Farmhand Services” mean, collectively, (a) the Platform, (b) the Messaging Services, Support, and Checkout Pages provided to Merchants, (c) the Service and any related services provided by us to you through or in connection with the use of the Platform or the Service, and/or (d) any other products, services, and/or sites provided by us to you that include an authorized link to these Terms.
“Merchant” means the person, entity, business, organization that is a merchant farmer and has entered into Farmhand’s standard terms of service or other written agreement with Farmhand for the provision of the Platform in connection with Produce offered or made available for purchase on a subscription basis by such person, entity, business, and/or organization.
“Messaging Services” means the services Farmhand provides on behalf of Merchant(s) to send you certain marketing and transactional messages on behalf of such Merchant(s).
“Order” means an order placed by you through a Merchant’s Checkout Page and/or through the Platform to purchase Produce.
“Platform” means Farmhand’s proprietary hosted software, made available by Farmhand on a remote online basis, that supports community supported agriculture (CSA) programs and enables you to manage your Produce subscriptions and Orders placed with Merchants.
“Produce” means produce and other goods or services that a Merchant offers or makes available for purchase.
“Service” means the services provided to you by Farmhand that enable you to manage your Account on the Platform, view Account activity and Account Data related to transactions with Merchants, track Orders you place with Merchants, manage your subscriptions to Produce from Merchants, and initiate add-on Orders for Produce from Merchants under your existing subscriptions with such Merchants.
“Support” means the first level assistance and support services Farmhand provides on behalf of Merchant(s) to you with regard to Produce you purchase through the applicable Checkout Page of such Merchant(s).
BY ACCESSING, INTERACTING WITH, OR USING THE FARMHAND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, INTERACTING WITH THE CHECKOUT PAGES, PURCHASING PRODUCE OR A SUBSCRIPTION THERETO FROM MERCHANTS, AND/OR CREATING, ACCESSING, OR USING A USER ACCOUNT FOR THE PLATFORM (AN “ACCOUNT”): (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, (2) YOU AFFIRM, REPRESENT AND WARRANT THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 2 OF THESE TERMS AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS, AND (3) YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ENTERING INTO THESE TERMS WITH FARMHAND. YOU MAY NOT ACCESS OR USE THE FARMHAND SERVICES (OR ANY PART THEREOF) OR REGISTER FOR OR ACCESS OR USE YOUR ACCOUNT IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
In order to use, and create an Account for, the Farmhand Services you: (a) must be at least 18 years old or the applicable age of majority in your jurisdiction; and (b) must not have been previously removed, terminated and/or suspended from accessing and/or using the Farmhand Services. If you believe a minor is using the Farmhand Services, please contact us immediately so that we can disable access to the Farmhand Services.
When using particular services, features, and/or materials through or in connection with the Farmhand Services, additional terms and conditions or other operating rules, policies and procedures may be applicable to, and govern, your use of such services, features, and/or materials, in addition to those in these Terms (collectively, the “Additional Terms”). You agree to comply with all such Additional Terms applicable to your use of the Farmhand Services. All such Additional Terms are hereby incorporated into and made a part of these Terms by reference. In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
Farmhand reserves the right to update or modify these Terms at any time. Except as otherwise stated in this Section 4, all updates and modifications to these documents will be effective from the day they are posted online at https://www.gofarmhand.com/tos, as indicated by the “Last Updated” date set forth above. If we make any material changes to these Terms, we will provide you reasonable prior notice of these changes by posting a prominent notice on our website located at https://www.gofarmhand.com (the “Farmhand Website”) and/or through the user-interface of the Platform. In addition, if we have an email address on file for you, we may notify you of these changes by sending a notification to such email address. Material changes to these Terms will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, do not use or access the Farmhand Services and terminate your Account. Your continued use of the Farmhand Services (or any part thereof) after the applicable effective date of the revised Terms (set forth above), signifies to us that you acknowledge and agree to be bound by the revised Terms.
As between you and us, and subject to the licenses you grant to us in this Agreement, you retain ownership of (a) any messages, photos, video, audio, images, data, information, text and/or any other content or materials that you post, transmit, submit, upload and/or otherwise provide in connection with the use of the Farmhand Services, including, but not limited to any content, data or information you authorize to share with us, or otherwise provide to us, through or in connection with your purchase of any Produce or other transactions with Merchants, and (b) any Account Data (subparts (a) and (b), together, the “Customer Data”).
You hereby grant Farmhand a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your Customer Data, in whole or in part, in connection with your use of the Farmhand Services and as reasonably necessary to provide the Farmhand Services to you, and, if you access or use the Farmhand Services in connection with the purchase of any Produce or for any other transactions with Merchants, to provide our services to the applicable Merchant pursuant to our agreement with such Merchant. Notwithstanding the foregoing or anything to the contrary herein, you acknowledge and agree that Farmhand may use and exploit any aggregated non-personally identifiable data or information collected or obtained from your use of Farmhand Services for any purpose.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Customer Data and the consequences of transmitting and/or providing any Customer Data in connection with your use of the Farmhand Services. You represent and warrant that (a) you have all the rights necessary to grant Farmhand the licenses granted herein in and to your Customer Data, and (b) you are the legal owner of, and that you are authorized to provide us with your information necessary to facilitate your use of the Farmhand Services.
If you provide us with any Customer Data (including, without limitation, any personally identifiable information contained therein), you acknowledge, agree, and consent to the processing and use of such Customer Data (including, without limitation, any personally identifiable information contained therein) by Farmhand in accordance with these Terms and as set forth in our Privacy Notice, or as required by law. Please note that certain Customer Data and information about you may be shared with Merchant(s) (as defined below) as described in our Privacy Policy. The applicable Merchant may use Customer Data and personal information differently and share it with third parties for their own marketing, advertising, business and commercial purposes. Please review the privacy notices for the applicable Merchant with whom you transact.
You acknowledge and agree that (a) any Order you place for Produce or any subscription thereto is with the Merchant, (b) a Merchant may hire third parties in connection with its business operations and services it provides to you, (c) Farmhand is not the merchant, retailer, farmer, or seller of the Produce and does not grow any food or provide any food selection, pickup, or delivery services, and (d) that the applicable Merchant, and not Farmhand, is solely responsible for all of the foregoing, and for any third parties it engages in connection with its business operations and services. Farmhand will not assess or guarantee the suitability, legality, or ability of any Merchant, nor verify any Merchant’s compliance with applicable laws or regulations. Farmhand shall have no responsibility or liability for any Merchant’s Produce, food or product offerings, food or product handling, or the safety of the food or other products, or for the purchase thereof, including, but not limited to, the provision or delivery thereof, or the Merchant’s performance of or failure to perform its obligations under or in connection with any agreements between you and the Merchant with respect to the purchase of Produce or any other transactions between you and the Merchant. Your purchase of any Produce from Merchants or any other interaction with any Merchants, and the delivery of the Produce, whether separately or in connection with the use of the Farmhand Services, are and shall be governed by the terms and conditions, terms of service, privacy policies, and/or similar agreements and policies of the applicable Merchant (collectively, the “Merchant Terms”). The Merchant Terms are solely between you and the applicable Merchant, and not with Farmhand, and Farmhand shall not be a party to the Merchant Terms or any other agreement you have entered into with any Merchant.
Please note that if you purchase a subscription for Produce from a Merchant through the Platform, then your subscription with that Merchant will automatically renew until canceled with the applicable Merchant. Purchases and payment transactions you make in connection with the Farmhand Services are transactions between you and the Merchant only, not with Farmhand or any of our affiliates. Farmhand is not the seller of any Produce, subscriptions, or any other product or service offered by Merchants and is not a party to any payment transaction facilitated through the Farmhand Services.
We may provide you with Support in connection with your purchase of Produce from Merchants through the Platform, including without limitation, Support related to changing or modifying Orders and/or shipment dates, signing up for subscriptions for Produce at your request, confirming Order details, and/or communicating with Merchants on your behalf; however, in that role, we are providing such Support as a service provider to the applicable Merchant and such Support is not subject to these Terms.
The Messaging Services are provided by Farmhand on behalf of the applicable Merchant. You acknowledge and agree that you are solely responsible for any fees or charges incurred from your receipt of any messages as part of the Messaging Services, including any mobile phone provider charges for SMS, text, or data usage or services. You agree that the Farmhand Messaging Services Terms and Conditions located at https://www.gofarmhand.com/messaging-tos also govern and apply to your use of the Messaging Services and you agree to be bound by such terms and conditions with respect to such use.
By opting in via your Account settings to receive transactional text (SMS) messages from Farmhand on behalf of the Merchants that you transact with, you consent to Farmhand sending such SMS messages with respect to such Merchants. Such communications may include, but are not limited to, receipts, reminders, and delivery and Order updates.
If you opt in via your Account settings to receive marketing and promotional communications with respect to a Merchant, we may send you marketing and promotional SMS messages with respect to such Merchant. Your consent to receive marketing SMS messages is not a condition of purchase.
You may opt out of the Messaging Services by changing your Account settings. If you choose to opt out of the Messaging Services and the receipt of SMS messages for a particular Merchant, such opt-out will not serve as an opt-out with respect to the Messaging Services and SMS messages sent on behalf of any other Merchants, and you will have to provide notice of opt-out with respect to each individual Merchant, or if you wish to opt out of the Messaging Services and the receipt of SMS messages for all Merchants, you may do by turning the notifications settings in your Account off for SMS messages . In addition, if you provide notice of opt out from the Messaging Services and the receipt of SMS messages for a particular Merchant, you may also need to separately opt out directly with that Merchant from receiving any SMS messages from such Merchant, as such Merchant’s communications may be separate from the SMS messages we provide as part of the Messaging Services. Please note that, unless you contact Farmhand support directly to discontinue receipt of billing notifications via SMS messages, you will continue to receive such billing notifications even if you opt out of the Messaging Services through your Account settings.
Certain information you provide is controlled by the applicable Merchant, and in such cases, the Merchant, not Farmhand, determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information which may apply to your use of the Farmhand Services. Please check with the applicable Merchant about the policies and processes it has in place with respect to the access, use and disclosure of information you submit through the use of the Farmhand Services in connection with the Messaging Services.
You acknowledge and agree that your purchase of any Produce, the Merchant Terms, the content of any messages sent in connection with the Messaging Services, the Support, and your agreements, interactions, communications, and dealings with a Merchant in connection with the Merchant’s Produce (all of the foregoing, collectively, your “Interactions”), are solely between you and the applicable Merchant. You acknowledge and agree that any problems or disputes between you and the Merchant with respect to any of your Interactions must be resolved solely between you and the Merchant. FARMHAND IS NOT RESPONSIBLE FOR ANY LOSS, HARM, OR DAMAGE OF ANY SORT INCURRED IN CONNECTION WITH ANY PRODUCE, INCLUDING ANY PURCHASES THEREOF, OR ANY INTERACTIONS OR DISPUTES BETWEEN YOU AND ANY MERCHANT, AND FARMHAND HAS NO OBLIGATION TO BECOME INVOLVED IN ANY RESULTING DISPUTE.
ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, AGENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, YOU HEREBY EXPRESSLY RELEASE, DISCHARGE, AND HOLD FARMHAND AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, SUCCESSORS OR ASSIGNEES (THE “RELEASED PARTIES”), HARMLESS FROM, AND WAIVE, ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH), DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY PRODUCE, ANY PURCHASE OF ANY PRODUCE OR SUBSCRIPTIONS THERETO, SUPPORT PROVIDED BY FARMHAND ON BEHALF OF MERCHANTS, CONTENT OF MESSAGES DELIVERED TO YOU ON BEHALF OF MERCHANTS IN CONNECTION WITH THE MESSAGING SERVICES, AND/OR YOUR INTERACTIONS AND/OR DISPUTES WITH ANY MERCHANTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER/THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER/THEM MUST HAVE MATERIALLY AFFECTED HIS/HER/THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY(IES).”
To access and use certain features of the Farmhand Services you may need an active Account, which enables you to access and use to receive the Service, including to view any Account Data posted in connection with purchases and subscriptions you have placed with any Merchants. If you are an existing customer of a Merchant prior to your first purchase through a Checkout Page, , we create an Account which you activate upon providing a valid payment method. If you are a new customer of a Merchant, you will be prompted to create an Account when you purchase Produce or signup for a subscription through the Checkout Pages. In activating or registering an Account (as applicable), you agree to provide and maintain information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create or activate an Account using a false identity or information, or (b) create or activate an Account or use the Farmhand Services if you have been previously removed, suspended or banned by us from use of the Farmhand Services, or any part thereof. Farmhand reserves the right to limit the number of Accounts that can be created or activated from any one computer and the number of computer devices that can access an individual Account.
You understand and agree that you are solely responsible for maintaining the confidentiality and security of your Account login credentials and protecting access to your Account. You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account.
By using the Farmhand Services, you consent to receiving electronic communications from Farmhand, including, but not limited to, communications sent via email or notifications posted on the Farmhand Website and/or through the user-interface of the Platform. These electronic communications may include notices about transactional information and other information concerning or related to your use of the Farmhand Services. These electronic communications are part of your relationship with Farmhand. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Subject to your compliance with these Terms, Farmhand hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Farmhand Services if we have provided or made them available to you, solely for your personal, non-commercial use, and otherwise in accordance with these Terms.
By using the Farmhand Services (or any part thereof), you agree that you will not, and will not permit any other person to:
The Platform may contain third party software, including, without limitation, open source software components (collectively, “Open Source Components”). Open Source Components are not licensed under these Terms, but are instead licensed under the terms of the applicable license agreement for such Open Source Components. Your use of Open Source Components is subject to the terms of each applicable license which are available to you on request from Farmhand. Notwithstanding any provision herein to the contrary, you are solely responsible for your compliance with such licenses. As used in these Terms, the term “Platform” does not include Open Source Components.
The Farmhand Services may display or include materials, links, and/or third party advertising relating to websites and/or information that are owned or controlled by Merchants, and not Farmhand (collectively, “Merchant Content”). Farmhand does not assume and will not have any liability or responsibility to you or any other person or entity for any Merchant Content, including liability for any errors or omissions in any Merchant Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Merchant Content posted, emailed, linked, or otherwise transmitted via the Farmhand Services. Merchant Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the applicable Merchant Terms. We do not guarantee the accuracy, integrity, or quality of any Merchant Content. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs.
Subject to your rights in and to Customer Data, as between you and Farmhand, Farmhand and its licensors retain all right, title and interest in and to the Farmhand Services and any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Farmhand Services, and any and all modifications, enhancements, and updates to any of the foregoing. All Farmhand trademarks are strictly owned by Farmhand, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any Farmhand trademark without written authorization from Farmhand. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the Farmhand Services may be the trademarks of their respective owners. Farmhand reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by Farmhand. The Farmhand Services (and its underlying technology) are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
You acknowledge that any ideas, inventions, suggestions for improvement, or discussions submitted by you regarding any aspect of the Farmhand Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (“Feedback”) may be used by Farmhand without compensation or attribution to you, and you hereby grant Farmhand, its subsidiaries, affiliates, and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for Farmhand to use and exploit for any purpose.
Farmhand does not currently directly charge any fees for your access and/or use of the Farmhand Services; however, we may charge Merchants a service fee for any Order you place through the Platform (the “Service Fee”), and such Merchants may choose to pass this Service Fee on to you. Farmhand reserves the right, upon prior notice to you, to charge a fee for the Farmhand Services (including, without limitation, charging fees to access the Platform).
If you provide credit or debit card information to Farmhand, you agree that Farmhand will obtain an authorization for your credit card or debit card on file with Farmhand to cover the amounts set forth under the applicable Order, including without limitation, the purchase price of the Produce under such Order, any recurring subscription fees, Service Fees, and taxes, and your payment method will be charged for such amounts. Your payment method will be temporarily authorized for an amount equal to the total amount appearing in the applicable Order confirmation.
If you provide bank ACH information to Farmhand, you (i) authorize Farmhand or its Payment Processor to initiate debit entries to your bank account, and to debit the same to such account (as applicable) for all amounts listed in the applicable Order, and (ii) will ensure that the bank account information provided to Farmhand is current and valid and promptly update the information if it becomes outdated.
You agree to, and shall, pay Farmhand, and hereby authorize Farmhand and its Payment Processors to charge you the amounts incurred and payable by you under each Order.
You will be asked to supply certain information relevant to your Order including, without limitation, your credit or debit card number, the expiration date of your credit or debit card (and CCV#), your bank ACH information, and/or your billing address. You represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) provided by you in connection with any Order. By submitting such information, you grant Farmhand the right to provide such information to our third party service providers, including, to the applicable Payment Processors, for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Order.
All prices are listed, and all fees, amounts and charges payable hereunder will be paid, in U.S. dollars.
For the avoidance of doubt, any purchase terms, including, but not limited to any terms or conditions related to the purchase of Produce and/or subscriptions, cancellations, and refunds (including, any refunds of the Service Fee), are set forth in and subject to the Merchant Terms and solely between the Merchant and Customer. Any refunds with respect to Orders, including, Service Fees, are the sole responsibility of the Merchant and Farmhand will not be responsible or liable for any refunds. ANY REQUEST FOR SUBSCRIPTION CANCELLATIONS MUST BE MADE TO THE APPLICABLE MERCHANT IN ORDER TO BE EFFECTIVE.
We may use a third party payment processor (“Payment Processor”), such as Stripe, Inc. and its affiliates, to bill you the Service Fees for applicable Orders. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, and by making any purchase through the Platform and/or the applicable Merchant’s Checkout Page, you agree to be bound by the terms and policies of the applicable Payment Processor, including Stripe’s terms of service (currently accessible at https://stripe.com/us/terms) and privacy policy (currently accessible at https://stripe.com/us/privacy), and hereby consent and authorize Farmhand and Stripe to share any information and payment instructions you provide with one or more Payment Processors to the minimum extent required to complete your transactions. You agree to pay us, through the Payment Processor, all Service Fees at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account.
Farmhand reserves the right to either temporarily or permanently modify, suspend or discontinue the Farmhand Services (or any part thereof) with or without notice. You agree that Farmhand will not be liable to you or to any third party for any modification, suspension or discontinuance of the Farmhand Services (or any part thereof).
These Terms will remain in full force and effect as long as you continue to access or use the Farmhand Services (or any part thereof), or until terminated in accordance with the provisions of these Terms.
You may terminate at any time by terminating your Account (if applicable) and ceasing all use of the Farmhand Services. At any time, Farmhand may (a) suspend or terminate your rights to access or use the Farmhand Services (or any part thereof), or (b) terminate these Terms with respect to you if Farmhand, in good faith, believes that you have used the Farmhand Services (or any part thereof) in violation of these Terms, and/or any Additional Terms or other incorporated policies, guidelines, terms, or rules set forth in these Terms.
Upon termination of these Terms, your Account and your right to use the Farmhand Services will automatically terminate, and you agree to cease all use of the Farmhand Services. The rights and obligations applicable to you and/or Farmhand under the following Sections shall survive any termination of these Terms: 1, 5, 6.1, 6.4, 6.5, 6.6, 7.3, 8.2, 8.3, 8.5, 8.6, 9 (solely with respect to accrued but unpaid payment obligations), 10, 11.3, and 12 through 17.
You agree to defend Farmhand, its employees, contractors, service providers, and/or agents, and hold us harmless from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms and/or any Additional Terms; (b) your violation of any terms and conditions, terms of service, or other agreement applicable to the purchase of any Produce or to your access and use of any Merchant Content (including any Merchant Terms), (c) your use or misuse of the Farmhand Services (or any part thereof), (d) your Customer Data, (e) your violation of any law or the intellectual property and/or privacy rights of a third party; (f) your access to, use, or misuse of the Merchant Content; (f) any Produce, or the purchase thereof or any subscriptions to Produce; and/or (g) any Interactions and/or disputes between you and any Merchant. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
THE FARMHAND SERVICES AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY FARMHAND ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FARMHAND AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
FARMHAND AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE FARMHAND SERVICES (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY FARMHAND: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER, OR ANY THIRD PARTY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY MERCHANT CONTENT); (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FARMHAND, ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MERCHANTS), OR THROUGH THE FARMHAND SERVICES, SHALL CREATE ANY WARRANTY.
FARMHAND IS NOT THE PROVIDER OF, AND IS NOT RESPONSIBLE FOR, ANY PRODUCE INFORMATION. FARMHAND ASSUMES NO LIABILITY WHATSOEVER FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS RELATED TO ANY PRODUCE INFORMATION, INCLUDING, WITHOUT LIMITATION, COLOR ACCURACY, NUTRITIONAL INFORMATION, INGREDIENTS, AND/OR ALLERGEN INFORMATION OR OTHER RELATED DIETARY INFORMATION, OF ANY PRODUCE DISPLAYED OR LISTED IN CONNECTION WITH THE FARMHAND SERVICES. FARMHAND DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY OR QUALITY, AS TO ANY THIRD-PARTY CONTENT AND/OR PRODUCE OR THE PURCHASE THEREOF, OR THE MANNER IN WHICH THE APPLICABLE MERCHANTS AND PROVIDERS OF SUCH MERCHANT CONTENT HANDLE YOUR DATA. IN ADDITION, FARMHAND IS NOT AND WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY MERCHANTS. FARMHAND IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY PRODUCE OR THE PURCHASE THEREOF OR YOUR ACCESS OR USE OF ANY MERCHANT CONTENT, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF MERCHANTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FARMHAND BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, ANY ADDITIONAL TERMS, THE FARMHAND SERVICES (OR ANY PART THEREOF) AND ANY OTHER MATERIALS AND/OR SERVICES PROVIDED BY FARMHAND, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF FARMHAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND FARMHAND’S REASONABLE CONTROL. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FARMHAND DISCLAIMS ALL LIABILITY OF ANY KIND OF FARMHAND’S AFFILIATES, LICENSORS AND SUPPLIERS.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 13 may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
The warranty disclaimer and limitation of liability set forth above in this Section 13 are fundamental elements of the basis of the agreement between Farmhand and you. Farmhand would not be able to provide the Farmhand Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Farmhand’s suppliers.
Information describing the Farmhand Services is accessible worldwide but this does not mean the Farmhand Services, or certain portions thereof, are available in your country. Farmhand may restrict access to the Farmhand Services, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Farmhand Services is legal in your country of residence. The Farmhand Services may not be available or accessible in all languages.
These Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms. Furthermore, neither these Terms (including, without limitation, the Platform) will be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
You agree that any dispute between you and Farmhand arising out of or relating to these Terms, the Farmhand Services (or any part thereof), and/or any content, materials, and/or services provided by Farmhand hereunder (collectively, “Disputes”) shall be governed by the provisions set forth in this Section 15.
A party who intends to seek arbitration or bring other action permitted under this Section 15 with respect to any Dispute, must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Dispute Notice”). Farmhand’s address for Dispute Notices is: Tract Learning, Inc. dba Farmhand, Attention: Notice of Dispute, 1062 Sanchez St. San Francisco, CA, 94114. The Dispute Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
You and Farmhand agree to use good faith efforts to resolve the Dispute directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or Farmhand may commence an arbitration proceeding or other permitted action, as set forth in this Section 15.
In the interest of resolving Disputes between you and Farmhand in the most expedient and cost-effective manner, and except as described in Section 15.9, you and Farmhand agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the “Agreement to Arbitrate”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND FARMHAND WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE AGREEMENT TO ARBITRATE AND THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION 15 ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.
Any arbitration between you and Farmhand will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at time the claim is submitted (the “Rules”) as modified by this Section 15.6. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with the Rules; (b) the arbitration will take place in the county where you live or at another mutually agreed location; (c) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (d) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise), and provided that, Disputes that involve a claim of more than $10,000 USD must be resolved per the Rules about whether the arbitration hearing has to be in-person; and (e) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator shall have the authority to grant all relief that a court of competent jurisdiction could order, including awards of attorney’s fees and costs. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA. The Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
You are responsible for paying your portion of the fees set forth in the AAA fee schedule and Farmhand will be responsible for the remainder of the fees. If you believe you cannot afford the AAA fees, you may apply to AAA for a fee waiver. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Rules. In that case, you agree to reimburse Farmhand for all monies previously disbursed by it that are otherwise your obligation to pay under the Rules.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you first agree to these Terms by sending a letter to Tract Learning, Inc. dba Farmhand, Attention: Arbitration Opt-Out, 1062 Sanchez St., San Francisco, CA 94114, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Farmhand receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 15.10 will govern any action arising out of or related to these Terms. The remaining provisions of this Section 15 will not be affected by your Opt-Out Notice.
Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of Farmhand’s intellectual property rights, Farmhand may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
If the Agreement to Arbitrate is found not to apply to your or our claim, you and Farmhand agree that any judicial proceeding will be brought in the federal or state courts located in San Francisco County, California. Both you and Farmhand consent to venue and personal jurisdiction there.
Subject to Section 13, in the event that either party institutes any arbitration, legal suit, action or proceeding against the other party arising out of or relating to these Terms and/or the Farmhand Services (or any part thereof), the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.
YOU MAY ONLY RESOLVE DISPUTES WITH FARMHAND ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN’T ALLOWED UNDER THESE TERMS.
Notwithstanding any statute or law to the contrary, you expressly acknowledge and agree that any claim or cause of action arising out of or related to your use of Farmhand Services (or any part thereof) or these Terms must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
Except as otherwise expressly required in these Terms, any notices permitted under these Terms must be sent to Farmhand by (1) email: hello@gofarmhand.com, Subject Line: Legal Notice; or (2) certified U.S. Mail or by Federal Express (signature required) to Tract Learning, Inc. dba Farmhand, Attention: Legal Department, 1062 Sanchez St., San Francisco, CA 94114.
The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between Farmhand and you.
Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Farmhand may freely assign these Terms and/or delegate the performance of any services hereunder to its affiliates, employees and contractors.
Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.
If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms.
Any delay in performance of any duties or obligations of either party will not be considered a breach of these Terms if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event beyond the reasonable control of such party.
These Terms, our Privacy Notice, and any other Additional Terms and any other policies or terms and conditions referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described.
The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against Farmhand by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en language anglaise seulement. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
Please feel free to contact us at hello@gofarmhand.com if you have any questions about these Terms.