WHERE TO BUY OUR TOMATOES RECIPES & TIPS HOW WE GROW ABOUT US TERMS OF USE Website Terms AND CONDITIONS of Use Updated: August 18, 2021 This website (the “Site”) is controlled by Backyard Farms, LLC (“Operator”, “we”, “us”, or “our”). Operator makes no representation that the Site, in whole or in part, is appropriate or available for use in other locations, and access to the Site from territories where content is illegal is prohibited. Those persons and entities that choose to access and/or use the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By accessing or otherwise using the Site, you agree to comply with, and be bound by, the following Website Terms and Conditions of Use ("the "Terms of Use"). Please carefully review the following Term of Use. Do not continue to access or use the Site if you do not agree to the Term of Use. Agreement. These Term of Use describe the terms and conditions applicable to your access to, and use of, the Site. These Terms of Use may be changed, in whole or in part, at any time, for any reason, and without prior notice, upon posting of the changed Terms of Use to the Site. Any change shall be effective immediately upon posting. Any and each access, or use, by you of the Site shall constitute and be deemed your unconditional acceptance of these Terms of Use. Your continued access, or use, of the Site after any change to the Terms of Use signifies and confirms your acceptance of any such change to the Terms of Use. Accessibility. If you need assistance accessing something on Site, please contact Operator using the Contact Information below. Contact Information. Backyard Farms, LLC c/o Mastronardi Produce Limited 2100 Road 4 East Kingsville, Ontario N9Y 2E5 Canada Customer Service: 1-844-GROWN-4-U (1-844-476-9648) privacy@sunsetgrown.com Privacy. Your visit to the Site is also governed by, subject to, and conditioned on your agreement to all terms and conditions of a Website Privacy Statement, which is incorporated by reference herein. You may review the Website Privacy Statement at https://www.backyardfarms.com/privacy-policy/. Applicable Law, Jurisdiction, and Venue: The Site is designed consistent with the laws of the State of Maine. These Terms of Use, and the Site, and any action related thereto, will be governed, controlled, interpreted, and defined by and under the laws of the State of Maine, without giving effect to any principles that require the application of the law of a different jurisdiction. By accessing or using the Site, you expressly consent to the personal jurisdiction and venue in the state and federal courts physically located in and having jurisdiction over Portland, Maine, and you agree that any claim brought by you concerning the Site, including any content on the Site, or pursuant to these Terms of Use, will be brought solely in those courts and no other court. You waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens (or similar). You further agree to file any cause of action with respect to these Terms of Use within one year after the cause of action arises and that a cause of action filed after this date is barred. Ownership. Any copying, redistribution, use, or publication by you of any content or part of the Site, in whole or in part, is prohibited, except as expressly permitted in these Terms of Use. Unless otherwise noted, all content on the Site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Operator, its affiliates, or its suppliers, licensors, talent, partners, or affiliates and is protected by the copyright and other applicable laws of Canada, the United States of America, and other national and International laws. Any and all content on the Site is either the property of Operator or its affiliates, or is used by Operator or its affiliates, with the permission of the content owner. The compilation of the Site is the exclusive property of Operator and is protected by copyright and other applicable laws of Canada, the United States of America, and other national and International laws. You agree that you will not take any actions inconsistent with Operator’s ownership of the Site and its content. Trademarks. All trademarks and service marks used on the Site are either, trademarks and service marks of Operator or its affiliates, or of the relevant licensors. Other product and company names mentioned on the Site may be trademarks of their respective owners. The trademarks, logos, and service marks displayed on the Site are owned by the Operator, its affiliates, and other third parties, and the Site’s trade dress is owned by Operator. All trademarks and service marks not owned by Operator are the property of their respective owners, and, where used by Operator or its affiliates, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademarks, service marks or trade dress. Operator and its affiliate’s trademarks, service marks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without prior written permission. You agree that you will not take any actions inconsistent with the Operator or its affiliate’s ownership of, or any third party’s ownership of, the trademarks, services marks, and trade dress used on the Site. Site Use. Operator grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of the Site is at the discretion of Operator and Operator may terminate your use of the Site at any time, for any reason, and without notice. Links to 3rd Party Websites. The Site may contain links to third-party websites or other resources, over which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party website. No endorsement of any such linked third party website is made, either express or implied. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible, or liable, for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource. Use of such links is at your own risk. Compliance with Laws. You agree to comply with all applicable laws regarding your access and use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge. Submissions. All concepts, suggestions, ideas, or other recommendations that you communicate to us through this Site in any format (an “Idea Submission”) becomes and remains our property, even if these Terms of Use are later terminated. For any other content, reviews, ratings, remarks, information, questions, comments, photos, videos or material you post, upload, submit, or transmit to this Site, including any of the foregoing submitted through our product ratings and reviews service, (“Content Submission”), you automatically grant us a royalty-free, perpetual, irrevocable, transferable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content Submission in any media or in any form, format, technology or forum now known (such as, television, radio, print, in-store, packaging, billboards, digital and mobile) or hereafter developed. However, you understand that we is not required to use any Content Submission. Our use or non-use of any Content Submission is at our sole discretion. We do not have to treat any Content Submission as confidential. You also acknowledge that you are completely responsible for any Content Submission you make, and you represent and warrant that you are the sole author and owner of the intellectual property rights thereto. We reserve the right to change, condense or delete any content on our Site that we deem, in our sole discretion, to violate these Terms of Use. Indemnification. You agree to indemnify, defend and hold Operator, and its affiliates, suppliers, licensors, talent, and partners harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of, or Operator’s enforce of, these Terms of Use, or your use of, or access to, the Site. Disclaimer. THE INFORMATION ON THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE ACCESSING AND USING THE SITE. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE ACCESS AND SITE USE. YOU EXPRESSLY WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE RELATED TO YOUR ACCESS OR USE OF THE SITE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you. Use of Information. You understand and agree that you are accessing and using the Site voluntarily. Operator reserves the right, and you authorize us, to use and assign all information regarding Site access and uses by you and all information provided by you in any manner consistent with our Website Privacy Statement. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows: By Email: Privacy@sunsetgrown.com Severability. If any provision of these Terms of Use is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect. Waiver. The failure of Operator or its affiliates, as applicable, to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Operator or its affiliates must be in writing and signed by an authorized representative of Operator. Termination. Operator may terminate or replace these Terms of Use at any time, with or without notice, for any reason. Relationship of the Parties. Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. Entire Agreement. These Terms of Use constitutes the entire agreement between you and Operator and its affiliates concerning the access to and use of the Site, and governs the terms and conditions of your access and use of the Site, and except as otherwise agreed in writing, supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Operator and its affiliates respecting the access to and use of the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Website Privacy Statement), guidelines, or rules that may apply when you use the Site. © 2011–2021 Backyard Farms, LLC. All rights reserved. Job Opportunities Sitemap Privacy Terms Contact Us