Terms of service

TERMS OF USE

 

               Welcome to the Shop.CostaFarms.com website, an online store operated by Costa Farms, LLC, (the “Store”). Your access to and use of our Store, which includes without limitation its content, any feature, material, application, or purchasing capability within the Store (collectively its “Content”), is at all times subject to the terms and conditions set forth below (the “Terms of Use”), and all applicable laws, rules, and regulations.  Please read them carefully.  Throughout this website, the terms “we”, “us”, and “our” refer to Costa Farms, LLC, and its affiliates.  Our Store is hosted on Shopify Inc. who provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

  1. Acceptance of Terms of Use

 

              By Accessing or Using the Store, you agree that you have read, understand, and agree to be legally bound by these Terms of Use.  If you do not agree to be legally bound by these Terms of Use, you may not access, visit, or use the Store.  If you are not in agreement or dissatisfied with the Store, its Content, or these Terms of Use, your sole and exclusive remedy is to discontinue using the Store.  These Terms of Use apply to all users and are incorporated into any policies and notices referenced below or available by hyperlink through the Store.  These Terms of Use set forth the entire agreement between the user and us and we reserve the right, in our sole discretion to amend, modify, alter, suspend, cancel, discontinue, change, remove from, or add to, the Store, its Content, its product pricing, presentation, substance, or functionality, or these Terms of Use at any time without notice or liability to you or any third party.  When you access or use the Store, please be aware of any changes since the last version. Your access to and use of the Store will be governed by the Terms of Use in effect at the time of such access or use.  Your continued use of the Store following any modifications or alterations constitutes acceptance of those modifications or alterations.

             

  1. Access to and Use of Store

             

              Access to and use of the Store, is expressly limited for purposes of interest in becoming a customer of Costa Farms, shopping for our products, or learning about home and garden plants, plant varieties, and their care.   By accessing and using the Store, you represent and warrant that a) you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Store; b) all information you put forward is truthful and accurate and you will maintain it so; c) your access and use of the Store does not violate any applicable law, rule, or regulation.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  If there are two or more persons adhering to these Terms of Use as user, their liability under these Terms of Use is joint and several.

                            

  1. Unauthorized Access to and Use of Store

 

              You must not:

 

  1. a) use the Store for any unlawful purpose,
  2. b) solicit others to perform or participate in any unlawful acts,
  3. c) trespass, break into, access, use or attempt to trespass, break into, access, or use any other parts of our servers, and/or any data areas for which you have not been authorized by us.
  4. d) restrict or inhibit any other user from using and enjoying the Store. You have no rights in or to the Content available on the Store and you will not use the Content available on the Store in any manner or for any purpose, except as permitted under these Terms of Use.
  5. e) copy, distribute, or disclose any part of the Store in any medium, including without limitation by any automated or non-automated “scraping.”
  6. f) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Store in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials).
  7. g) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Store.
  8. h) not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
  9. i) transmit or upload invalid data, viruses, worms, any code of a destructive nature, or other software agents through the Store.
  10. j) access the Store through any technology or means other than those provided or authorized by us (and access to the Store through virtual private network or proxy is expressly forbidden).
  11. k) stalk, harass, bully, abuse, insult, defame, slander, disparage, intimidate, or harm another individual.
  12. l) discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
  13. m) impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity.
  14. n) violate any requirements, procedures, policies, or regulations of networks connected to the Store or us.
  15. o) interfere with or disrupt the Store.
  16. p) hack, spam, pharm, pretext, spider, crawl, scrape, or phish.
  17. q) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet,
  18. r) violate any law, rule, or regulation, and that you are solely responsible for such violations.
  19. s) use our Store for any obscene or immoral purpose.
  20. t) use our Store to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content.
  21. u) post any information or content about a company or individual.
  22. v) upload any Content to the Store that includes any third-party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
  23. w) download or copy content, graphics, code, and software from the Store for any purpose.
  24. x) reproduce, duplicate, copy, publish, transmit, distribute, display, modify, create derivative works from, sell, resell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content, graphics, code, or software without permission.
  25. y) use any information or Content gathered during access
  26. z) collect or track the personal information of others,
  27. aa) access the Store for the purpose of competing with Costa Farms, LLC, or its affiliates.

 

              All the above acts are expressly prohibited.  We may terminate your account or access to the Store for breaching or violating these Terms of Use, one or more of your responsibilities, for violating any applicable law, rule, or regulation, or for any other lawful purpose or at our discretion, with or without notice.  At all times, we reserve the right to prohibit or deny your access to the Store or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable, or necessary in our sole discretion. 

 

  1. Intellectual Property Rights

 

              All intellectual property rights existing in respect of the Store and its Content, belong to us or have been lawfully licensed to us for use on the Store. COSTA FARMS®, as well as page headers, custom graphics, buttons, images, and other content on this Store, are subject to trademark, service mark, trade dress, copyright, trade secret, and/or other proprietary or intellectual property rights, or licenses held by us. All rights under applicable laws are hereby reserved. Except with the express written permission of us, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Store itself or create derivative works with respect thereto, as the Store is copyrighted under applicable laws.

             

  1. Limited Liability and Warranty

             

              YOUR ACCESS TO AND USE OF OUR STORE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS” and “AS AVAILABLE.” THE STORE IS FOR YOUR USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

              All Content is for your general reference only. We do not accept any responsibility whatsoever in respect of the Content.  We do not guarantee or assume any responsibility that:

             

  1. a) the Content on the Store is accurate, complete, adequate, current, or reliable, or may be used for any purpose other than for general reference.
  2. b) the Content on the Store is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data, or equipment.
  3. c) access to the Store will be available or be uninterrupted.
  4. d) use of the Store will achieve any particular result.
  5. e) Product specifications, descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

 

              We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any Content in the Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).   We do not guarantee or assume any responsibility or obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information. No specified update or refresh date applied in the Store or on any related website, should be taken to indicate that all Content in the Store or on any related website has been modified or updated.

             

              Without limiting the generality of the foregoing, In no case shall Costa Farms, LLC, our directors, managers, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Store or any products procured using the Store, or for any other claim related in any way to your use of the Store or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Store or any Content (or product) posted, transmitted, or otherwise made available via the Store, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

              Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content is at your own risk. The Store may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. While we reserve the right to modify the Content at any time, we have no obligation to update any Content.  You are responsible to ensure that your use of the Content complies with all applicable legal requirements.  The Content may contain content provided by third parties or sourced by us from other references or sources. The Content on the Store may not be regarded as any recommendation or endorsement by us for any purpose with respect to any person, product, or service.  We accept no responsibility for, or liability in respect of, Content provided by third parties. You acknowledge and accept that any dispute in relation to such Content or services is unrelated to us and is solely a matter between you and such third party.  We are not responsible if any such Content is not up to date.  We do not separately verify such Content. Accordingly, we do not accept any responsibility whatsoever in respect of such Content. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Content.  Any use of and reliance on such Content is at your own risk. 

             

              The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

             

  1. Products

 

              Certain products may be available exclusively online through the Store. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.  We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Store will be corrected.

 

  1. Accuracy of Billing and Account Information

 

              We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy.

 

  1. Feedback

 

              With or without a request from us, if you send or transmit any communications, ideas, questions, requests, suggestions, proposals, plans, comments, content, or other materials  or submissions, whether online, by email, by phone, by postal mail, or otherwise (collectively, “Feedback”), you assign to us all right, title, interest in the Feedback and further agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you submit to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that any Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that any Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Store or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

 

  1. Personal Information

 

              Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click HERE.

 

  1. Indemnification

 

              You agree to indemnify, defend, and hold harmless Costa Farms, LLC, its parent companies, subsidiaries, affiliates, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, insurance companies, suppliers, interns, and employees, from and against all liabilities, damages, claims, actions, third-party claims, costs, and expenses (including without limitation legal fees) hereinafter collectively referred to as Claims, in connection with or arising from your breach of any of these Terms of Use or the documents they are incorporated into by reference, your violation of any law, violation of the rights of a third-party, or your access to or use of the Store.  We may, if necessary, participate in the defense of any Claim and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any Claim.

 

  1. Cumulative Remedies/ No Waiver

 

              No remedy herein or otherwise conferred upon or reserved to Costa Farms shall be considered to exclude or suspend any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at Law or in equity or by statute, and every power and remedy given by these Terms or any Contract to Costa Farms may be exercised from time to time and as often as the occasion may arise or as may be deemed expedient. No delay or omission of Costa Farms to exercise any right or power arising from any default or breach shall impair any such right or power nor shall it be construed to be a waiver of any such default or breach or any acquiescence therein.  No waiver of any breach of any terms, conditions, covenants or provisions of these Terms or any Contract shall be construed, taken, or held to be a waiver of any other breach or waiver, acquiescence in or consent to any further or succeeding breach of the same terms, conditions, covenants, and provisions.  Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

  1. Severability, Governing Law, and Venue

 

              If any provision of these Terms of Use or any Contract shall be determined to be illegal or unenforceable, the remaining provisions shall remain enforceable.  These Terms of Use shall be governed by and construed pursuant to the Laws of the State of Florida.  Any dispute, controversy or claim arising under or in connection with these Terms of Use, any Contract, or the relationship between the parties that cannot be resolved amicably by the parties shall be decided exclusively by and in the appropriate state or federal court located in Miami-Dade, Florida.  The Party waives any jurisdiction objections based on forum non conveniens. The parties may choose to resolve any dispute through mediation or arbitration but are not obligated to.  If we are the prevailing party in any legal dispute arising out of these Terms of Use or any Contract, shall be entitled to payment of all its costs and attorneys’ fees, including any costs and fees incurred at the appellate level.

 

  1. Termination

 

              We may, in our sole discretion and at any time, without prior notice to you, with or without cause, limit, suspend, prohibit, or terminate your right to access or use the Store and its Content.  We also reserve the right to refer any information on alleged or actual illegal actions, including your identity, to law enforcement.

 

  1. Contact Information

 

if you have questions, please contact us by e-mail at [email protected] or by mail using the address provided below:

 

Costa Farms, LLC

Attention: Legal Department

21800 SW 162nd Avenue

Miami FL 33170, United States

 

Last updated: December 11, 2020