Terms and Conditions

Agreement between Client and Shameless Farms, LLC (www.shamelessfarms.com)

Welcome to Shameless Farms, LLC. The www.shamelessfarms.com website (the "Site") is comprised of various web pages operated by Shameless Farms, LLC ("Shameless Farms"). Shameless Farms, LLC (www.shamelessfarms.com) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Shameless Farms, LLC (www.shamelessfarms.com) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Shameless Farms, LLC (www.shamelessfarms.com) is a Microgreens Farm.

Shameless Farms nourishes each and every person looking for fresh, organic, and delicious microgreens.

Orders:

All orders are subject to acceptance by Shameless Farms LLC. We reserve the right to refuse any order for any reason.

Shipping and Delivery:

We strive to provide prompt and reliable delivery of our microgreens to our customers. However, we cannot guarantee delivery dates or times due to unforeseen circumstances, such as weather conditions or shipping delays. We are not responsible for any damages or losses incurred as a result of delayed or undelivered shipments.

Quality:

We take great pride in the quality of our microgreens and strive to provide the freshest and highest quality products possible. However, due to the nature of our business, we cannot guarantee the availability of all products at all times. In the event that a product is unavailable, we will make every effort to provide a suitable replacement.

Liability:

We are not liable for any damages, including but not limited to, direct, indirect, incidental, or consequential damages, arising from the use or inability to use our products or services. Our liability for any claim shall not exceed the purchase price of the product or service in question.

Privacy

Your use of Shameless Farms, LLC (www.shamelessfarms.com) is subject to Shameless Farms's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Shameless Farms is not responsible for third party access to your account that results from theft or misappropriation of your account. Shameless Farms and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Cancellation/Refund Policy

We understand that circumstances may change and you may need to cancel your subscription with us. We offer a flexible cancellation policy that allows you to cancel your subscription at any time, without any penalty. Please note that we do not offer refunds for any subscription fees that have already been paid.

If you wish to cancel your subscription, you may do so by contacting us directly. Once your subscription has been cancelled, you will not be billed for any future shipments.

Please keep in mind that we require a minimum notice of one week prior to the scheduled shipment date for cancellations. If you cancel after this deadline, we may not be able to stop the shipment and you will still be charged for that month's subscription.

Links to Third Party Sites/Third Party Services

www.shamelessfarms.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Shameless Farms and Shameless Farms is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Shameless Farms is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shameless Farms of the site or any association with its operators.

Certain services made available via www.shamelessfarms.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.shamelessfarms.com domain, you hereby acknowledge and consent that Shameless Farms may share such information and data with any third party with whom Shameless Farms has a contractual relationship to provide the requested product, service or functionality on behalf of www.shamelessfarms.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.shamelessfarms.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Shameless Farms that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Shameless Farms or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Shameless Farms content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Shameless Farms and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Shameless Farms or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Shameless Farms account to third party accounts. By connecting your Shameless Farms account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Indemnification

You agree to indemnify, defend and hold harmless Shameless Farms, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or 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. Shameless Farms 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 Shameless Farms in asserting any available defenses.

Use of Client Logo

"By entering into a business relationship with Shameless Farms LLC, you hereby grant us permission to use your company name and logo for promotional purposes. This may include, but is not limited to, featuring your name and logo on our website, social media channels, and other marketing materials.

You acknowledge and agree that this permission extends to all present and future business relationships between your company and Shameless Farms LLC. You further acknowledge that you have the right to grant such permission and that your company's name and logo do not infringe on the intellectual property rights of any third party.

If at any time you wish to revoke this permission, please notify us in writing and allow us a reasonable time to remove your company's name and logo from our promotional materials. Please note that revocation of permission does not release Shameless Farms LLC from any obligations incurred prior to the revocation.

By continuing to do business with Shameless Farms LLC, you acknowledge and agree to these terms."

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Shameless Farms 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.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHAMELESS FARMS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SHAMELESS FARMS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHAMELESS FARMS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHAMELESS FARMS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHAMELESS FARMS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Shameless Farms reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shameless Farms as a result of this agreement or use of the Site. Shameless Farms's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Shameless Farms's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Shameless Farms with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Shameless Farms with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Shameless Farms with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Shameless Farms reserves the right, in its sole discretion, to change the Terms under which www.shamelessfarms.com is offered. The most current version of the Terms will supersede all previous versions. Shameless Farms encourages you to periodically review the Terms to stay informed of our updates.

Thank you for choosing Shameless Farms LLC for your microgreens needs.

Contact Us

Shameless Farms welcomes your questions or comments regarding the Terms:

Shameless Farms, LLC

2434 Commerce Blvd

Mound, Minnesota 55364

Email Address:

info@shamelessfarms.com

Telephone number:

9522583100

Effective as of May 1st, 2023