Privacy Policy for Harvest-More
Welcome to the Harvest More. These Terms of Use (“Terms”) govern your use of our website. By using the website, you confirm your agreement to the Terms, which creates a contractual agreement between you and West End Manufacturing, Inc. and its affiliates, DBA Harvest More, (collectively, “we”, “us” or “Harvest More”). If you do not agree to these Terms, you may not access or use the website.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. THESE TERMS ALSO CONTAIN AN ARBITRAITON AGREEMENT AND WAIVER OF JURY TRIAL.
PRODUCT PURCHASES
You can purchase products online by visiting the Shop page of our website. Purchases made through the website are for United States only. For international orders, including Canada and Mexico, please submit an Order Inquiry using our Contact page. Please be sure to include your complete contact information so we can contact you and arrange the details of your purchase.
Shipping times in the United States are typically two to four business days, depending on the shipping destination. International shipment times may be longer and differ by country.
We offer a one-year warranty against manufacturing defects. If for any reason you are dissatisfied with your purchase, we offer a full refund if you notify us within 30 days of receiving your purchase. Products purchased must be returned in the original packaging and in unused condition. Please contact our sales department at Sales@harvest-more.com prior to returning product so that we can assist with your return.
The website may describe products that are not available or are prohibited in some jurisdictions. These descriptions do not imply that we intend to make those products available in every jurisdiction.
The sale of our products may be subject to additional terms and conditions, which we will provide to you when you make a purchase directly with us.
PRIVACY
Harvest More is committed to protecting your personal information. We do not sell or provide your personal information to any third parties. Our privacy policy is available here https://www.harvest-more.com/privacy-policy. You consent to our Privacy Policy by accessing the website.
TRADEMARKS
All trademarks and trade names appearing on the website are owned by us or our licencors. You may not use any such trademarks without the express written permission of the trademark owner.
COPYRIGHT
The website is protected by copyright laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the website without our prior written approval.
DISCLAIMER
The information on the website, including product images and descriptions, are provided “AS IS” and “AS AVAILABLE”. While reasonable efforts have been made to ensure that information on the website is accurate and reliable when posted on the website, the information may not be accurate, complete or current.
Except as provided elsewhere on these Terms, we make no representations or warranties of any kind, express or implied as to the website or the products. Your use of the products is at your own risk and you should not rely on the products in situations where that reliance might result in any loss or damage to person or property.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE WEBSITE AND THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOUR USE THE WEBSITE AND THE PRODUCTS ARE AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, HARVEST MORE WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, OF THE WEBSITE OR THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, HARVEST MORE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS, EVEN IF ANY OF THE FOREGOING IS FORESEEABLE OR WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE. YOU AGREE THAT ANY LIABILITY RELATED TO THE PRODUCT WILL NEVER EXCEED THE PRICE PAID FOR THE PRODUCT.
INDEMNIFICATION
You agree to indemnify and hold Harvest More and its officers, directors, employees, and agents, harmless from any actions, claims, demands, losses, liabilities, costs, damages and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the website or products; and (ii) your breach or violation of any of these Terms and related agreements with us.
JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the arbitration agreement contained in these Terms. This choice of law provision applies only to the interpretation of these Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law or bring claims in California courts whether that be by statute, common law, or otherwise.
CHOICE OF FORUM
Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of California, within the County of Sonoma notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the arbitration agreement. This provision does not apply to the arbitration agreement contained in these Terms.
TEXT MESSAGING OR TELEPHONE CALLS
You agree that we may contact you by telephone or text messages at any of the phone numbers provided by you in connection with your purchase. You understand that you are not required to provide this consent as a condition of purchasing products. You also understand that you may opt out of receiving text messages from us at any time, either by replying “STOP”, texting the word “STOP” to _____ using the mobile device that is receiving the messages, or by contacting us. If you do not choose to opt out, we may contact you as outlined in our Privacy Notice, located at https://www.harvest-more.com/privacy-policy.
ARBITRATION AGREEMENT
You agree that any claim or dispute relating to the website or products that is not resolved under the arbitration requirements of these Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Sonoma County, California, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.
You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, our intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief.
You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Harvest More and you agree otherwise, any arbitration hearings will take place in Sonoma County, California. The arbitrator’s award shall be final and binding on all parties, except: (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
YOU AND HARVEST MORE 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 Harvest More agree, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND HARVEST MORE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
In no event can any claim or action by you related to the Harvest More be instituted more than one year after the cause of action arose.
If any portion of this arbitration agreement 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 the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration agreement; 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.
This arbitration agreement survives after your relationship with us ends.
GENERAL
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, us or any third-party provider as a result of these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This provision shall not affect the sever-ability and survivability section of the arbitration agreement of these Terms.
These Terms supersede prior agreements or arrangements with you regarding the use of the website. We may change these Terms from time to time without notice to you, by posting the revised terms on the website.
To contact us:
Harvest More
1415 Fulton Rd Suite #205-202
Santa Rosa CA 95403
707.583.9239