Last Updated: July 25, 2024
Innovation Harvesters Inc. (d/b/a Homegrown) and/or its affiliates (collectively, “Homegrown”, “we”, “us”, or “our”) are pleased to provide to users (“Users”, “you”, or “your”) certain websites, software applications, content, products, and services (the “Services”). You and we may be referred to individually as a “party” or collectively as the “Parties.”
PLEASE READ THESE TERMS OF SERVICE AND THE HOMEGROWN PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HOMEGROWN. THESE TERMS OF USE GOVERN YOUR USE OF THE SERVICES. BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THE HOMEGROWN PRIVACY POLICY (together, the “Terms”). IF YOU DO NOT AGREE TO THE HOMEGROWN TERMS, YOU MUST NOT USE THE SERVICES.
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER AND OTHER PROVISIONS THAT LIMIT YOUR RIGHTS AND REMEDIES. READ THEM CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR OUR SERVICE, YOU AGREE TO THESE TERMS.
Quick Reference/Table of Contents:
3.Shopper Accounts, Vendor Accounts, and Market Coordinator Accounts
5.Pricing, Payment and Taxes
6.Homegrown’s Intellectual Property Rights & Protections
11.Governing Law, Jurisdiction and Venue
12.Binding Arbitration and Class Action Waiver
1. Acceptance of Terms
a. Binding Contract. These Terms of Service are a legally binding contract between you and Homegrown. By using or accessing any part of the Services, you agree to these Terms of Service and any other policies or notices posted by us, including our Privacy Policy (together, the “Terms”). If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you are authorized to accept these Terms on behalf of such entity, and all references to “you” mean such company or legal entity. If you do not have such authority, or if you do not agree with these Terms of Services, you must not accept this Agreement and may not use the Services.
b. Agreement. You represent to Homegrown that you have read, understood, and expressly agree to be bound by these Terms, whether you have created an account (and agree to these Terms of Service at the time you created that account) or whether you simply browse, use, or access any Homegrown Services offered directly by Homegrown or through a third party. If you do not agree to the Terms, you may not use the Services.
c. Changes. We may change these Terms over time, so whenever you visit or use the Services, you agree to the version of the Terms then posted. If you don’t agree to the Terms, don’t use the Services.
2. The Services
a. Services. Homegrown provides a multi-vendor marketplace dedicated to supporting the community in and around Farmers Markets.
b. Access to the Services. By creating an account to use the Services, you have a limited, non-exclusive, royalty-free (apart from the Services fees due to Homegrown, as applicable), non-transferable and terminable license to access and to use the Services. Homegrown reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with applicable laws, to protect Users, or to protect Homegrown, without notice (unless required by law), and without liability to any User.
c. Use Limitations. You will not, nor will you allow any third party, to: (a) modify the Services; (b) reverse engineer, decompile or disassemble the Services or otherwise reduce to human-readable form except to the extent required for interoperability purposes under applicable laws or as expressly permitted in open-source licenses; (c) modify, adapt, or create a derivative work of the Services; (d) use the Services in excess of any limitations (e.g., location limits, user limits, time limits, capacity limits, free trials) prescribed by Homegrown; (e) remove, conceal, or modify any identification, proprietary, intellectual property, or other notices in the Services; (f) access or use the Services in violation of laws or regulations; (g) use the Services to violate the rights of others; or (h) use the Services try to gain unauthorized access to or interrupt any service, device, data, account, or network.
d. Compliance with Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. It is your responsibility to obtain any licenses or permits necessary to use our Services to sell your goods. You may not sell any prohibited goods (including, but not limited to drugs, alcohol, tobacco and firearms), or any goods that violate any laws. You further agree not to engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Homegrown, another Homegrown user, or any other third party.
3. Shopper Accounts, Vendor Accounts, and Market Coordinator Accounts
You will need to create an account with Homegrown to use some of our Services. As outlined below, there are different types of accounts for different types of users. You must be 18 years or older to use our Services or to create any of the account types mentioned below. If you are under 18 years old, you may not use our Services.
a. Creating an Account as a Shopper. To purchase any goods through our Services as a shopper (“Shopper”), you will need to create a Shopper account.
b. Creating an Account as a Vendor. To sell any goods through our Services as a vendor (“Vendor”), you will need to create a Vendor account.
c. Creating an Account as a Market Coordinator. To manage an entire farmers market as a market coordinator (“Market Coordinator”), you will need to create a Market Coordinator account.
d. Rules of Conduct. Whether you are a Shopper, Vendor, or a Market Coordinator, you are required to comply with Homegrown’s Rules of Conduct, which can be found here.
e. Account Responsibilities. You understand, acknowledge, and agree that you will be responsible for any actions made through your account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own account, and are prohibited from sharing accounts of any type. You agree to provide accurate information about yourself when creating your account. It is prohibited to use false information or impersonate another person or company through your account.
f. Termination of an Account. If you violate these Terms, Homegrown reserves the right, in its sole discretion, to terminate or suspend your account, and to terminate or suspend your access to the Services.
4. Content & Scope of Use.
a. Content You Share & Ownership. As part of the Services, Users may elect to share or upload content and materials (“User Content”). You will retain rights and ownership to User Content you post using our Services (such as product descriptions, photos, videos, and reviews). In order for us to be able to provide you with the Services, Homegrown will need a license from you to utilize the User Content. By creating an account and agreeing to these Terms, you hereby grant Homegrown a limited, perpetual, non-exclusive, worldwide, royalty free right and license to (i) use, host, copy, store, display, publish, modify and create derivative work of such User Content in order to provide or improve the Services, (ii) to use the User Content for such other purposes as permitted by applicable law.
b. No Inappropriate User Content. Do not share any User Content that is inappropriate, illegal, offensive, knowingly inaccurate or for which you do not control all intellectual property rights. You are solely responsible for any User Content you post to the Services, and the consequences of posting or publishing it. We have the sole right, but not necessarily the obligation, to delete or edit at any time any User Content that we believe to be inappropriate for any reason. We also retain the right, but not necessarily the obligation, to use automatic content flagging systems to review and analyze any User Content. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent your User Content contains any personal information.
c. User Responsibility. User is responsible for all User Content (regardless of whether provided by the User or by third parties) including without limitation for any damages that may result from errors or omissions, false or defamatory material, and/or material that is offensive, indecent, objectionable, infringing, and/or illegal. Under no circumstances will Homegrown, its agents or its suppliers be liable in any way for User Content, or for any loss or damage of any kind incurred by the User or any third party as a result of the use or publication of any User Content posted, delivered, streamed, or otherwise transmitted via or in connection with the Services. Without limiting the foregoing, you acknowledge that neither Homegrown, nor its agents or suppliers will be responsible for preventing or identifying infringement of intellectual property rights or other violations associated with the User Content, and that Homegrown, its agents and its suppliers assume no responsibility to edit, review, or oversee User Content submitted, uploaded, distributed, retrieved, or viewed in connection with use of the Services, and shall not be responsible for screening or monitoring for possible (i) infringement or enforcing a User’s rights or third party rights with respect to User Content, (ii) unlawful, inappropriate or unpermitted use, (iii) libel, falsehoods, errors or omissions contained in User Content, or (iv) noncompliance with FCC or other governmental laws and/or regulations. Any automatic content flagging provided by Homegrown is done as a courtesy for Users and should not be relied upon to identify any issues with problematic User Content.
d. Third Party Materials/Products/Services. Any third-party products, content, services and/or links displayed on or through the Services are not referrals or endorsements of any product, service or provider; any and all such offerings are displayed solely for convenience only. The Services may in some cases be permitted for use with third party components or services (“Third Party Services”) that may be subject to their own, separate license agreements or special pass-through terms, and you assume all risks and liabilities associated with the use of any such third party offerings.
5. Pricing, Payment and Taxes
a. Payment. You as a User (whether a Shopper, Vendor, or Market Coordinator) may be responsible for paying fees to use the Services. For detailed fee and payment information, please visit our Fee Schedule & Homegrown Payment Policy. Please note that all service fees, including prepaid fees, are non-refundable, and that all fees are exclusive of taxes.
b. Third Party Payment Processing. Homegrown may make available a third-party payment processor as a means of payment for Services or to facilitate transactions, and use of such processors will be subject to the processor’s own terms and conditions. Homegrown reserves the right, in its sole discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options Homegrown will accept, at any time. Homegrown is not responsible for, and you agree to hold Homegrown harmless from and against, any liability resulting from the acts or omissions of any third-party payment processor.
c. Off-Platform Transactions. Any transactions that occur outside of Homegrown’s Services are not protected by Homegrown’s processes and procedures, including the process and payment of applicable sales tax on your behalf. Any transactions occurring outside of the Services are strictly prohibited. You agree not to take actions to avoid any applicable fees payable to Homegrown. This includes, but is not limited to, Vendors directing Shoppers to purchase goods or products through providers other than Homegrown and/or modifying the good or product’s price to avoid or limit applicable fees.
d. Homegrown Payment. As a Vendor or Market Coordinator selling to Shoppers, you may be entitled to receive payment for any goods or products you sell through the Services. For information on our payment practices, please visit our Fee Schedule & Homegrown Payment Policy.
6. Homegrown’s Intellectual Property Rights and Protections
a. Ownership. You acknowledge and agree that the website, trademarks, phrases, logos and designs that we use in connection with our Services are trademarks, service marks, or trade dress (“Homegrown Content”) of Homegrown and belong exclusively to Homegrown. All Homegrown Content constitutes the proprietary trade secrets and copyrighted material Homegrown, and that Homegrown owns all rights, title and interest in and to the Services, the Homegrown Website, Homegrown Content, the Homegrown application, including user Feedback and all technology, information, trade secrets, patent rights, copyrights, know-how and documentation associated therewith as provided or otherwise made available by Homegrown and used in the performance of the Services, including all intellectual property rights and derivative works therein, on a worldwide basis (collectively, the “Homegrown Technology”). As used herein, “Feedback” means bug reports, suggestions, comments or other feedback provided by Users to Homegrown with respect to the Services. The license granted to you is limited by these Terms and does not convey any other rights in the Homegrown Technology, express or implied, nor does it grant any ownership in the Homegrown Technology or any intellectual property rights therein or thereto. Any rights not expressly granted herein are reserved by Homegrown.
b. User Data. You retain all right, title and interest in and to all User Data. “User Data” means electronic data, files or information submitted by Users to the Homegrown. Homegrown’s right to access and use User Data is limited to the right to access and use such User Data for the purpose of providing the Services or as may otherwise be explicitly set forth in the Terms. For more information about your data, please visit our Privacy Policy. 7. Disclaimer of Warranty.
a. No Product or Goods Warranty. Homegrown does not manufacture, store, or inspect any of the items sold through our Services. We provide a marketplace where Shoppers and Vendors can connect - all goods and products sold through the Services are sold directly by independent sellers, so Homegrown cannot and does not make any warranties about the quality, safety, authenticity, or legality of any of the goods or products offered through the Services. We cannot guarantee that the goods or products will meet your expectations. You use the Services solely at your own risk.
b. No Services Warranty. HOMEGROWN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICES (OR ANY CONTENT), FOR THE USER’S PURPOSES, THAT THE USE OF THE SERVICES SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY SERVICES, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE SERVICES, AND ANY CONTENT PROVIDED BY HOMEGROWN AND/OR ITS SUPPLIERS, ARE PROVIDED “AS IS" AND “AS “AVAILABLE” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND HOMEGROWN AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, MISDELIVERY, UNTIMELY DELIVERY, DELIVERY FAILURES, OR ANY DAMAGES RESULTING THEREFROM AND/OR FROM EVENTS BEYOND HOMEGROWN’S REASONABLE CONTROL.
c. No Third Party Warranties. Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Homegrown is not a party to those agreements; they are solely between you and the third party.
d. Other Warranty Disclaimers. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other Users. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by Users through the Services. Homegrown is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Users that you accessed through the Services. You release us from all liability relating to that content.
THE TERMS OF THIS SECTION SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Indemnification
You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify Homegrown from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services; (b) your violation of any part of the these Terms, any representation, warranty, or agreement referenced in the Terms, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any dispute or issue between you and any third party. Homegrown reserves the right to assume the exclusive defense of any matter for which you are required to indemnify Homegrown, and you agree to cooperate with Homegrown’s defense of these claims.
9. Limitation of Liability.
a. CAP ON DAMAGES. EXCEPT WITH RESPECT TO LIABILITIES OR LOSSES ARISING FROM FRAUD OR OUR INTENTIONAL MISCONDUCT, IN NO EVENT WILL HOMEGROWN’S AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND ALL OTHER SEPARATE CONTRACTS EXCEED THE GREATER OF (A) THE SUM OF THE AMOUNTS RECEIVED BY AND OWED TO HOMEGROWN FROM YOU FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500). THESE LIMITATIONS ARE CUMULATIVE FOR ALL CLAIMS HOWSOEVER ARISING UNDER ALL AGREEMENTS AND SEPARATE CONTRACTS, AND SHALL APPLY EVEN IF THE REMEDIES PROVIDED IN THESE TERMS OF SERVICE SHALL FAIL OF THEIR ESSENTIAL PURPOSE.
b. INDIRECT AND CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDING CLAIMS, LIABILITIES OR LOSSES ARISING FROM FRAUD OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS, THE SERVICES PROVIDED, OR THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
c. USER CONTENT AND USER DISPUTES. HOMEGROWN IS NOT RESPONSIBLE FOR MONITORING ANY USER CONTENT AND/OR ANY INTERACTION BETWEEN USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND ANY OTHER PARTIES WITH WHOM YOU INTERACT THROUGH THE SERVICES. YOU HEREBY RELEASE HOMEGROWN FROM ANY DISPUTE THAT YOU MAY HAVE WITH ANY OTHER USERS OF THE PLATFORM OR ANY USER CONTENT, AND FROM ANY CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND OF ANY NATURE TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.
10. Basis of Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE SECTIONS ON WARRANTIES AND DISCLAIMERS, INDEMNIFICATION AND LIMITATION OF LIABILITY FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HOMEGROWN. YOU EXPRESSLY ACKNOWLEDGE THAT THE FEES THAT WE CHARGE FOR THE SERVICES ARE BASED UPON OUR EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE SERVICES WILL BE BORNE BY YOU AND NOT HOMEGROWN AND WERE HOMEGROWN TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH FEES WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER.
11. Governing Law, Jurisdiction and Venue
a. Governing Law. Except as otherwise provided herein, these Terms are governed by the laws of the state of Florida without regard to conflict of law principles.
b. Disputes. Except for small claims court actions, any dispute that is not subject to the arbitration provisions in Section 12 (including if the Arbitration Agreement is for any reason held to be unenforceable) may only be litigated in the federal or state courts of Florida, and you consent to jurisdiction in those courts for such purposes.
12. Binding Arbitration and Class Action Waiver
a. Dispute Resolution; Class Action Waiver. The parties (you and Homegrown) agree that any dispute, claim or controversy arising out of or relating to these Terms or any other Homegrown policy or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOMEGROWN ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER AGAINST THE OTHER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND HOMEGROWN OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
b. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 12. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
c. Arbitration Process. A party that desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
d. Arbitration Location and Procedure. Unless the parties otherwise agree, the arbitration will be conducted in Orlando, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
e. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 11 (Limitation of Liability) above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
f. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
g. Severability and Survival. If any portion of this Section 12 (Dispute Resolution) is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 (Dispute resolution) or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12 (Dispute Resolution); and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
13. Miscellaneous
a. Termination or Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to them, including any accounts, or User Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your license to use the Services will terminate immediately.
b. Communications. By signing up for an Account, you consent to receive communications from us electronically.
c. International Users. Homegrown operates in the United States. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (for example, any local education, regulatory, or data privacy laws).
d. Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them.
e. No Waiver. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Homegrown.
f. Contact. If you have questions regarding the Terms and issues related to the Services or your Account, contact us at help@findhomegrown.com.