Introduction
These Terms and Conditions ("Terms") serve as a binding legal agreement between you, whether as a visitor, user, or registered account holder ("User", "you", or "your"), and Innovation Harvesters Inc. ("Innovation Harvesters", "we", "us", or "our"). Through our various domain names, including findhomegrown.com, and mobile applications (“Services”), we offer a suite of services designed to facilitate an engaging and efficient online marketplace experience.
These Terms govern your access to and use of our Services. By accessing or using our platform, you acknowledge and agree to these Terms, including any additional policies and future amendments. If at any point you do not agree to these Terms, you must cease using our services immediately.
Buyer Terms
In addition to these Terms, more specific Terms and Conditions related to the activities and responsibilities related to purchasing products from our marketplace will be defined in detail in the Buyer Terms and Conditions.
Vendor Terms
In addition to these Terms, more specific Terms and Conditions related to the activities and responsibilities regarding the use of a Vendor account will be defined in detail in the Vendor Terms and Conditions.
Acceptance of Terms
Your access to and use of the platform signify your acceptance of these Terms and your consent to be bound by them. We reserve the right to modify or amend these Terms at any time without prior notice. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you do not agree with the Terms, you may not use our Services.
Eligibility
General Use
The Innovation Harvesters Inc. platform is designed to be accessible and safe for users of all ages. Users are welcome to browse the platform, explore vendor storefronts, and learn about Farmers Markets and Vendors without registering an account.
Account Registration and Restricted Activities
Certain activities on the platform, including but not limited to creating a vendor account, purchasing products, and participating in any form of transaction, require the user to be of legal age to form a binding contract as dictated by their jurisdiction.
• Vendors: To register as a vendor and create a storefront on the platform, individuals must be at least 18 years of age or the age of majority in their jurisdiction, whichever is higher, to ensure compliance with legal and contractual obligations.• Buyers: Making purchases and entering into transactions on the platform is restricted to individuals who meet the legal age requirement for forming binding contracts under their local laws. By engaging in transactions on the platform, you represent and warrant that you meet these age requirements.
Changes to Terms
Innovation Harvesters Inc. reserves the right to update, change, or replace any part of these Terms by posting updates and changes to our platform. It is your responsibility to check our platform periodically for changes. Your continued use of or access to our platform or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Account Registration and Use
Registration Requirements
To utilize the full features of the Innovation Harvesters Inc. platform, users must register and create an account. During the registration process, you are required to provide accurate, current, and complete information about yourself as prompted by our service's registration form. You agree to update your information as necessary to maintain its accuracy.
Account Security
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Innovation Harvesters Inc. of any unauthorized use of your account or any other breach of security. Innovation Harvesters Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
User Conduct
As a user of the platform, you agree to not misuse the service or help anyone else do so. You are responsible for all content you provide and your activities on the platform. You agree not to engage in any activity that would disrupt, damage, or negatively affect the platform or other users' use of the platform.
Account Termination
Innovation Harvesters Inc. reserves the right to suspend or terminate your account and refuse any current or future use of the service (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete, or Innovation Harvesters Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.
Privacy
Your privacy is important to us. The personal information you provide to us during the registration process and your use of the platform will be treated in accordance with our Privacy Policy.
Both Innovation Harvesters Inc. and our vendors process personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the vendor will be responsible for that unauthorized disclosure.
Intellectual Property Rights
Ownership and License
By using the Innovation Harvesters Inc. platform, you grant Innovation Harvesters Inc. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content uploaded or submitted to the platform in connection with the service provided by Innovation Harvesters Inc. and its business. By posting content to the platform, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share such content.
Content Responsibility
It is your sole responsibility for the content that you post to the Innovation Harvesters Inc. platforms, including its legality, reliability, and appropriateness. Innovation Harvesters Inc. does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by vendors or endorse any opinions expressed by vendors. You understand that by using the platform, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate.
Copyright Infringement (DMCA Policy)
Innovation Harvesters Inc. respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of a proper notice of copyright infringement, Innovation Harvesters Inc. will take prompt corrective actions, which may include removing or disabling access to the infringing material and terminating the accounts of repeat infringers.
Trademarks
The Innovation Harvesters Inc. name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Innovation Harvesters Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Innovation Harvesters Inc. All other names, logos, product and service names, designs, and slogans on this platform are the trademarks of their respective owners.
Feedback and Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by users to Innovation Harvesters Inc. with respect to the platform shall remain the sole and exclusive property of Innovation Harvesters Inc. Innovation Harvesters Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to the user.
User Conduct and Prohibited Activities
General Conduct
Users of the Innovation Harvesters Inc. platform are expected to conduct themselves in a respectful and lawful manner at all times. Users must not use the platform for any purpose that is illegal or prohibited by these Terms. The platform should be used in a way that respects the rights and dignity of others.
Prohibited Activities
Without limitation, users of the Innovation Harvesters Inc. platform are strictly prohibited from:
• Illegal Activities: Engaging in any illegal activities or facilitating the violation of any applicable laws or regulations.• Infringement of Intellectual Property: Uploading, posting, or otherwise transmitting any content that infringes on another's intellectual property, privacy, or publicity rights.• Misrepresentation: Falsely stating, impersonating, or otherwise misrepresenting your affiliation with any person or entity.• Harmful or Fraudulent Activities: Posting or transmitting content that is fraudulent, false, misleading, or deceptive; or engaging in activities that are harmful to the platform, its users, or third parties.• Interference with Operations: Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the platform.• Unauthorized Access: Attempting to access any area of the platform, other user's accounts, or computer systems or networks connected to the platform without authorization.• Spamming: Engaging in spamming, flooding, soliciting, or mass marketing via email, direct messages, or other means.• Harmful Content: Posting or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Enforcement and Termination
Innovation Harvesters Inc. reserves the right to take appropriate action against any user for any unauthorized use of the platform, including civil, criminal, and injunctive redress and the termination of the user's account. Any use of the platform in violation of these User Conduct and Prohibited Activities may result in, among other things, termination or suspension of your rights to use the platform.
Reporting Violations
We encourage users to report violations of these policies to Innovation Harvesters Inc. as soon as they are encountered. Our team will review and investigate all reports promptly and take appropriate action in accordance with our policies and the law.
Content Moderation and Copyright Infringement
Content Moderation
Innovation Harvesters Inc. is committed to maintaining a safe and respectful environment on our platform. We reserve the right, but are not obligated, to monitor and review the content submitted or posted by users on the platform. Our goal is to ensure compliance with these Terms, applicable laws, and community standards. However, we do not guarantee that we will review all content.
• Flagging Inappropriate Content: Users can contribute to the platform's safety by flagging content that they believe violates our policies or is otherwise inappropriate. Upon receiving such reports, Innovation Harvesters Inc. will review the content and may remove it or take other appropriate actions if it is found to violate our policies.• Removal of Content: Innovation Harvesters Inc. reserves the right to remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.• Responsibility of Content: Users remain solely responsible for the content they upload, post, email, transmit, or otherwise make available on the platform. Innovation Harvesters Inc. is not responsible for the content posted by users and does not endorse any opinions expressed by users.
Disclaimers, Warranties and Limitation of Liability
Disclaimers
• No Warranties: The services provided by Innovation Harvesters Inc. and all content, materials, information, software, products, and services included in or available through the platform are provided "as is" and "as available". Innovation Harvesters Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.• Platform Use: Innovation Harvesters Inc. does not guarantee that the use of its platform will be uninterrupted, timely, secure, or error-free, or that defects in the service will be corrected. Users agree that their use of the platform and reliance on any information or content on the platform is at their own risk.
Warranties
Limitation of Liability
• General Limitation: To the fullest extent permitted by applicable law, Innovation Harvesters Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Innovation Harvesters Inc. has been advised of the possibility of such damages), resulting from the use or the inability to use the platform or service.• Data Loss: Innovation Harvesters Inc. is not responsible for the deletion, corruption, or failure to store any content or other data maintained or transmitted by or through the use of the platform. Users are advised to maintain their backups of their content and data.• User Content and Interactions: Innovation Harvesters Inc. is not liable for any content posted by users on the platform, nor for any offensive, unlawful, or objectionable content that may be encountered on the platform. Furthermore, Innovation Harvesters Inc. is not liable for the conduct of any user of the platform, whether online or offline.
Indemnity
Users agree to indemnify and hold harmless Innovation Harvesters Inc., its officers, directors, employees, suppliers, and affiliates, from any claims, damages, expenses, and liabilities, including reasonable attorneys' fees, arising out of or related to their content, use of the platform, or violation of these Terms.
Dispute Resolution
Efforts to Resolve Disputes
Innovation Harvesters Inc. encourages users to resolve any disputes arising from the use of the platform directly with the other party. If direct resolution is not possible, users are encouraged to contact our customer support team for assistance in facilitating a resolution.
Arbitration Agreement
Except for disputes that qualify for small claims court, all disputes arising out of or related to your use of the platform or to these Terms, including disputes related to the interpretation or application of the Dispute Resolution section, will be resolved through arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
• The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.• To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration association that are in effect at the time the arbitration is initiated.
Class Action Waiver
• YOU AND INNOVATION HARVESTERS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.• Further, unless both you and Innovation Harvesters Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination
Right to Terminate
Innovation Harvesters Inc. reserves the right to terminate or suspend your account and access to the platform at any time, without notice and at our sole discretion, if you breach any provisions of these Terms or if we decide to discontinue the platform's operation. Upon termination, your right to use the platform will immediately cease.
User Initiated Termination
As a user, you have the right to terminate your account and discontinue the use of the platform at any time. You can initiate termination by contacting our customer support. Upon termination by the user, the account will be deactivated, and any data specific to the account will be handled in accordance with our data retention policies.
Effects of Termination
• Upon termination or suspension, regardless of the reasons therefore, your right to use the services offered on the platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the platform.• Innovation Harvesters Inc. shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Survival
All provisions of the Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
General Provisions
Entire Agreement
These Terms constitute the entire agreement between you and Innovation Harvesters Inc. regarding the use of the platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the platform.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be amended by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.
Governing Law
These Terms and any disputes arising out of or related to the Services and their use shall be governed by and construed in accordance with the laws of the state in which Innovation Harvesters Inc. is registered, without giving effect to any choice or conflict of law provision or rule.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Innovation Harvesters Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Innovation Harvesters Inc. may assign or transfer these Terms, at its sole discretion, without restriction.
Contact Information
If you have any questions about these Terms, please contact us at support@findhomegrown.com.