TERMS AND CONDITIONS

PASTURE PROJECT* Website Terms of Use

Please read these Terms of Use and our Privacy Policy (which is incorporated and forms a part of these terms of use) carefully because they form a legally binding and enforceable agreement between you and us (“Agreement”). By using our Website, you are acknowledging you have read, understand and agree to comply with and be bound by all of these terms and conditions. if you do not or cannot agree to all of the terms and conditions below, leave and do not use our website immediately. if you become a registered user, our registered user Agreement will also apply to you and is incorporated into these terms of use and formS a part of our agreement with you.

* In this Agreement, “Pasture Project”, “we”, “us” or “our”, “ours” and similar terms, means and refers to Pasture Project LLC, a California limited liability company. Unless the context clearly requires a different interpretation, we use terms such as “you,” “your,” and “yours,” as well as “visitors,” “users,” and similar terms to mean and refer to any person or persons who use our Website  located at URL: https://www.pastureproject.com (“Website”). Our Website allows you to learn more about us, our products and services. It also allows you to order our products and explains how to set up an account so you don’t have to re-enter your information each time you decide to order from us in the future.

In this Agreement, the term “use”, “uses” or “using” and variations of those terms, means and refers to any actual or attempted visit, access, submission or exchange of information, browsing, copying, image or text capture activity, viewing, display or taking advantage of any features or functions of our Website.  In addition, when we use words such as “include” or “including” we mean it to be inclusive and comprehensive, for illustrative purposes or as an example, and not exclusive or limiting and you should understand those words to mean “including, without limitation” or “including, but not limited to” as you read this Agreement.  We will also use the words “applicable law” to mean any and all laws, regulations, international treaties, judicial or other governmental orders that apply to you, to us and/or the subject matter of this Agreement, including all intellectual property laws, and laws that relate to data protection, rights of privacy and publicity.

Our Website

Privacy

We respect your privacy and protecting your information is important to us. Our Privacy Policy is part of our Agreement with you and you should read it carefully since, among other things, it describes how we obtain, collect and use information we obtain through our Website, as well as your rights and obligations with regard to your information. If you are a parent or guardian and become aware that your child has accessed our Website or that we may have obtained information about your child, please notify us immediately using the contact information on our Website or in the Customer Service section at the end of this Agreement. Once we become aware we have obtained a child’s information, we will promptly take steps to remove that information from our servers and any other places and media in our possession or under our control and disable any account that corresponds to that individual.

Ownership and Rights to Content

We either own, control or have the right or license to use all the content and material on our Website including all copyright, service and trademark rights, logos, trade names, brands, proprietary products and services and all other distinctive material, audio, visual and audio-visual, as well as the compilation, combination, look and feel and other aspects of how we organize and display the Website and all types of associated metadata (“Content”).  If there is Content on our Website that does not exclusively belong to us, including images of people and places, we have obtained the rights to use those from the rights holder.  When we use the term “Website,” it also includes any and all Content on or available through the use of our Website, but does not include any third party advertising or promotional links we may allow to be displayed on our Website. Content is protected by applicable laws and you have no right to copy or use any Content unless you have obtained our express written permission.  

Want to Be Contacted or Need More Information?

If you are interested in having someone contact you if you want to receive more information from us or have a question about our products or services, you can use our Website to enter your name, address, telephone number, email address and other contact information we can use to contact you (“Contact Information”).  By entering and submitting your Contact Information to us, you acknowledge, understand and agree that will constitute your request and your consent for us to use your Contact Information to respond and get in touch with you. As we make clear in our Privacy Policy, you can always opt out of receiving unsolicited marketing and emails from us, by using the unsubscribe link at the bottom of all external e-mails we send you or by contacting us at the address set forth in our Privacy Policy.

Ordering Online

You may use our Website to order products and services from us and while we encourage you to set up an account with us (see the Section below entitled “You Can Set Up an Account”), you are not required to do so and can order products as a guest visitor. As a guest you will still have to enter your email address, shipping, payment and other information necessary for us to fulfill your order. When you order from us, whether you are a guest or a Registered User, as described below, you will be redirected to our third party e-commerce operational service provider we use, to process your payment information. We currently use the Shopify Platform to process payments for us when you order and Recharge Inc., a service provider that handles subscriptions and recurring charges. Whether you are a guest or a Registered User, whenever you are initiating an order from us, you should review the privacy policy of Shopify and, if applicable, the privacy policy of Recharge, since each sets out the terms and conditions applicable to their use of your information before initiating an order with us or entering information into either of their e-commerce platforms. Shopify’s and, if applicable, Recharge’s privacy policy applies to all the information you provide on their platform and is subject to their privacy policy not ours, even if they request the same or similar information from you. Once your order and payment is confirmed, Shopify (and, if applicable, through Recharge) notifies us and we can then fulfill your order, and while they do provide us with information we need to authenticate your order (i.e., the type of payment method and, for authentication purposes, the last four digits of that method), they do not send us any information concerning the financial institution or payment account you used to order.

Becoming a Registered User

If you want to order products from us on a regular basis or receive promotional offers that may not be generally available to Website visitors to, you can register to set up an account which will allow you to log in and become a “Registered User” so you won’t have to enter your personal and payment information repeatedly. There are additional terms and conditions that apply when you set up an account and log in to our Website (“Registered User Agreement”), including obligations regarding the security and confidentiality of your account information which remain subject to our Privacy Policy. You can always read the Registered User Agreement using the links on the registration page (which is also the log in page) and you should check frequently in order to be sure you know and understand the current terms and conditions, as well as your rights and obligations, in your Agreement with us.

You Can Set Up an Account

There is no charge or fee to set up an account with us and allow us to save your information to make ordering and interacting with us easier. During the registration and account set-up process you will be asked to agree to the additional terms and conditions Registered User Agreement and once you do, they will be incorporated into and form part of the legally binding Agreement you have with us. You will also be asked to set up a user profile which we use to create an account for you, and once properly completed, we will authorize you, as a Registered User, to log in to our Website. As a Registered User we will use the information you provide us in your profile and during registration, among other things, to fulfill your orders, provide you with customer service and notify you of promotional offers.  Each time you log in, you will be acknowledging and agreeing to abide by and comply with the Registered User Agreement as part of your Agreement with us.

 As part of the registration process, you will need to select a unique user name and password combination (your “User ID”). Your User ID and the information in your profile helps us manage the security of your account to ensure that you, and only you, have access to your account and account information. It is very important that you provide us with accurate and complete information when you set up your profile and to be sure you update your profile promptly when changes occur.

You are not permitted to share your User ID or your password with anyone, and it is your responsibility to protect the confidentiality and security of your password, your User ID and your profile and account information. If you know or suspect any unauthorized use or activity associated with your User ID or account or you believe your password or User ID may have been compromised, contact us immediately. Please understand that until you contact us, you, and only you, are and will be responsible for any activity associated with your User ID, your profile and/or your account, even if you did not know and/or did not authorize the activity. If you use or attempt to use any other person’s name, User ID or attempt to impersonate someone else, any such activity is in violation of this Agreement and may also subject you to civil and/or criminal liability and we have the right to report your activity to law enforcement and other governmental authorities. 

Prohibited Conduct; Reporting Violations

You may not use our Website in any manner that is illegal, would be considered offensive, inappropriate, that does, is likely to or is intended to harass, cause harm or distress, disparage or annoy any other party. You are also strictly prohibited from hacking, interfering with, disrupting or damaging our Website or the normal operation of our Website. You also may not interfere with, impair or try to prevent anyone else from accessing our Website. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances that does, may or could: (a) compromise or endanger any person; (b) cause or potentially cause harm or damage to persons or property; (c) adversely affect, infringe upon or misappropriate the rights of others; (d) harass or interfere with any other person, firm or enterprise; (e)  interfere with or bypass any security or other protective measures applicable to our systems, networks and communications capabilities; (f) breach or violate any of the terms or conditions of your Agreement with us; or (g) violate any applicable law, or (h)  use our Website in any way other than as permitted under this Agreement, or (i) if you attempt to do any of these things, then you will be violating this Agreement and may be infringing on our rights and the rights of others, which may subject you to legal action, civil and potentially criminal charges depending on the circumstances. 

We have the right, reserving all other rights and remedies available to us, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by applicable law. If you believe any Content violates the copyright or any other rights of yours or anyone else, please contact us with the details at our address below, so we can determine the proper course of action.

Links

Our Website may contain content and information of or provided by other parties and may also contain and display hypertext links to websites (URLs) of others (“Third Party Material”). We don’t monitor or review Third Party Material, nor are we responsible for their content or where any Third Party Material may redirect your browser. We are not responsible for third party privacy practices or policies and you should make sure you review their terms, conditions and privacy practices carefully, because once you select (“click”) any Third Party Material you will be leaving our Website and your information and any and all activity or transactions you engage in will be subject to and under the control of the third party and not us. The display, presence or existence of Third Party Material on our Website is not, does not and should not be construed as an endorsement or representation by us of any kind and we are not liable or responsible for Third Party Materia in any way. You use all Third Party Material solely and exclusively at your own risk.

Limit of Liability; Risk of Loss; Indemnity

Our Website is made available “AS IS” and “AS AVAILABLE” without representations or warranties of any kind, whether by operation of law, express or implied and we are not and will not be responsible or liable to you or any third party in connection with your use of our Website. To the fullest extent permitted by law, we disclaim and are not responsible or liable to you or any other party for any loss or damage of any kind (direct, indirect, consequential or otherwise) or to any technology or mechanism you may use to access our Website, including, technology you use to view, communicate, interact with or otherwise use our Website.

We cannot and do not guarantee your use of our Website will be uninterrupted, error free or free from defects or even free from malware or malicious code. You are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security and protection of your devices, equipment, programs, communication technology and information. By using our Website, you assume all risk of loss or damage that may arise or be associated with such use.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

By accessing our Website, you are agreeing to fully indemnify us and hold us harmless from any claims, actions, threats and proceedings of any kind, as well as from any and all liability, losses, damages, costs and expenses we may suffer or incur, as a result of your violating or failing to comply with any of the terms or conditions in this Agreement, violations of applicable law, as well as any actions you take, directly or indirectly, that cause harm or damage to us, our Website our systems and technology, or to any other party.

Amendments

We reserve the right to amend this Agreement at any time and from time to time. Amendments will become effective when an updated Agreement is posted on our Website. Your use of our Website on or after the effective date of an amendment, will constitute your agreement with the all the terms and conditions of the Agreement, as amended, including our Privacy Policy and, if applicable, the Registered User Agreement.  If, for any reason or at any time, you do not or cannot agree to comply and be bound by all of the terms and conditions in our Agreement, then please immediately leave and do not use our Website.

Governing Law

Any claim or action arising out of or relating to our Website will be construed, governed and enforced under the laws of the State of California and the Federal laws of the United States that apply. By using our Website you unconditionally and irrevocably submit to the personal jurisdiction of, and agree to resolve all claims or disputes and initiate and adjudicate all legal, regulatory or judicial proceedings in, the State or Federal courts in the City and County of Los Angeles in the State of California and you waive any right to plead or claim that Los Angeles, California is an inconvenient or improper forum. 

YOU ALSO UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

General

Our Privacy Policy and, if you are a Registered User our Registered User Agreement, are incorporated into and form a part of this Agreement as if fully set forth herein. This Agreement is the entire agreement you have with us regarding your use of our Website and the subject matter of this Agreement and supersedes any and all prior or inconsistent promises, understandings, representations or agreements, oral or written. If any provision of this Agreement is held illegal or unenforceable, that provision shall be modified as minimally as necessary to make it legal and enforceable and still preserve the meaning and intent of the original provision; provided that if doing so is not reasonably practicable, the illegal or unenforceable provision will be severed from this Agreement, without affecting any of the remaining provisions, which will continue in full force and effect. Headings are purely for reference and shall not affect the meaning of any term or condition. If we delay or fail to enforce any provision of our Agreement with you, that does not mean we waive our right to do so at any time, nor does it mean we are waiving the right to enforce that or any other provision or exercise any right we may have under this Agreement, at law or in equity, all of which we specifically and cumulatively reserve. Any provision which must survive to allow us to enforce its plain meaning shall survive as long as necessary to be effective to allow and enable us to do so.

Customer Service

If you have any questions about any provisions of this Agreement, including our Privacy Policy or Registered User Agreement, or your use of our Website, please contact one of our Customer Service Representatives using the contact information on our Website or you can contact us by email to Privacy@pastureproject.com.