Last Updated: October 14, 2022
The following Terms of Use are entered into between You and Hope Rising Microgreens (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to hoperisingmicrogreens.com, including any content or services offered through the site or related sites (the “SERVICE”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the SERVICE. By using the SERVICE or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot access or use the SERVICE.
This SERVICE is offered and available to users who are 18 years of age or older. By using this SERVICE, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the SERVICE.
1. SERVICE
Hope Rising Microgreens (herein referred to as “Company”) agrees to provide the One Time Purchase or Subscription Purchase (herein referred to as “SERVICE”) as identified on the SERVICE. As a condition of purchasing and participating in the SERVICE, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the SERVICE, the Company shall provide you:
Either a One-Time Purchase or a recurring Subscription Purchase of freshly harvested microgreens of your choice. You may switch the variety or amount at any time. The Company needs a two week notification of any changes you would like to make to your subscription. The Company does not offer a refund, but if you are not happy with a specific order or crop, please send an email and we will try to swap it out for your preferred product. You may cancel your subscription with a two week notification.
2. DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the SERVICE.
You understand Company is not serving you as a licensed professional and is not providing healthcare, therapeutic advice, diagnosis or treatment of any illness. Any content that is on the Company site is informational only and in no way medical advice. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the SERVICE. You understand that a relationship does not exist between the parties after the conclusion of this SERVICE. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
3. PAYMENT
In consideration of your access to the SERVICE, you agree to pay the following fees:
A. You must pay the balance reflected on the sales checkout page (due immediately).
and
B. You will remain responsible for subscription payments unless you choose to cancel according to the SERVICE’s Refund/Cancellation Policy set forth below. You may not cancel or avoid these payments except through the Refund/Cancellation Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the SERVICE.
4. METHODS OF PAYMENT
When you sign up for the SERVICE, you hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Payment section above. If you pay via ACH, you understand and agree that any and all changes in your account information, including requests to terminate this agreement, must be in writing and emailed at least fourteen (14) days prior to the next due date. If the payment due date falls on a weekend or holiday, you understand and agree that the payment may be executed on the next business day. You understand and agree that as this is an electronic transaction, adequate funds must be available for withdrawal from my account by the payment due date. In the case of an ACH transaction being rejected for Non Sufficient Funds (NSF), submission error, or other bank related return reasons, you understand and agree that the Company may at its discretion resubmit the ACH debit transaction within thirty (30) days. You understand and agree that, in accordance with the loan documents, a 10% late charge will be assessed if the amount due is not received in good and collected funds by the end of the grace period. You also understand and agree that a return item charge may be assessed for each returned ACH debit. You also acknowledge that the origination of ACH transactions to Company account must comply with provisions of U.S. law and agree not to dispute this recurring billing with your bank so long as the transactions correspond to the terms indicated in this authorization form.
5. REFUND/CANCELLATION POLICY
We want you to be satisfied with your purchase, but please understand the Company can not refund subscription fee or one-time purchase fee for the SERVICE. We also do NOT prorate the SERVICE fees when you cancel.
You do, however, have the option of notifying the Company of your request to cancel your subscription payment for the SERVICE. Since it is a grow-to-order product, your cancellation request must be in writing and emailed to the Company at least fourteen (14) days prior to the next payment due date.
You can also stop the use of the SERVICE at any time on your account.
If you have any questions or problems, please let us know by contacting Hope Rising Microgreens directly at: HopeRisingMicrogreens (at) gmail (dot) com.
6. CONFIDENTIALITY
The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy.
7. INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with a SERVICE. The information contained in the SERVICE, including any interactions with the Company, is not intended as, and shall not be understood or construed as professional advice.
8. FORCE MAJEURE
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. MODIFICATION
The Company reserves the right, in its sole discretion, to change the Terms under which the SERVICE is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
10. TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the SERVICE and the related services or any portion thereof at any time, if you become disruptive to the Company, if you fail to follow the SERVICE guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the SERVICE and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its 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 the Company in asserting any available defenses.
12. RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this SERVICE, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Clallam County, WA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
If you have any questions or problems, please let us know by contacting Hope Rising Microgreens directly at: HopeRisingMicrogreens (at) gmail (dot) com.