EFFECTIVE DATE: May 16, 2022

LAST UPDATED: April 2, 2024

Please read these terms of service (The “Agreement“) carefully. By accessing or using this website, or any other websites of Tomorrow Farms, Inc. (“Tomorrow Farms” or “us” or “we” or “our“), its affiliates or agents such as Bored Cow LLC with links to this agreement (collectively, the “site“) in any way, including using the services and resources available or enabled via the site (each a “service“and collectively, the “services“) by us, completing the registration process, making a purchase, and/or merely browsing the site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract with the company, and (3) you have the authority to enter into the agreement. If you do not agree to be bound by the agreement, you may not access or use this site or the services.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

It is your responsibility to review this agreement periodically. we may revise this agreement at any time without notice to you. If you do not agree to this agreement, please do not use this site or the services.

Please note that this agreement is subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the agreement available at the site. We will also update the “last updated” date at the top of the agreement. If we make any material changes, and you have registered to use the services, we will also send an email to you at the last email address you provided to us pursuant to the agreement. any changes to the agreement will be effective immediately for new users of the site or services and will be effective thirty (30) days after posting notice of such changes on the site for existing users, provided that any material changes shall be effective for users who have a registered account on the site upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an email notice of such changes to registered users. We may require you to provide consent to the updated agreement in a specified manner before further use of the site or the services is permitted. if you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the site and/or the services. otherwise, your continued use of the site and/or services constitutes your acceptance of such change(s). please regularly check the site to view the then-current agreement.

WEBSITE

We grant You a limited license to access and use the Site for Your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution, and transmission is done through Your browser software incidentally to using the Site for Your personal use. The sale or linking of our products on or to any third-party e-commerce Site, marketplace or mobile application without our specific written consent is expressly prohibited.

Further, (a) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) You shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) You shall not use any metatags or other “hidden text” using our name or trademarks; (d) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that We grant the operators of public search engines revocable permission to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers, and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.

REGISTRATION

To create an account and/or make purchases through the Site, You will be asked to submit certain information, which may include Your name and/or a username, email address, and password. Please refer to our Privacy Policy for how Tomorrow Farms collects, uses, and discloses personal information. Each time You use Your password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and We have no obligation to investigate the authorization or source of any such access or use of the Site.

In order to access certain features of the Services, You may be required to link Your account with a social networking site or other third-party account, such as Google or Apple (“SNS” and each such account, a “Third-Party Account“) by allowing us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account. You represent that You have the right to grant us access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, We may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content“) that You have provided to and stored in Your Third-Party Account (“SNS Content“) so that it is available on and through the Site via Your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between Your account and Your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we will have no liability for personally identifiable information that may be provided to them by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and We are not responsible for any SNS Content.

You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of Your password and identification. You shall immediately notify us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site’s security.

At the time of Your first order, We will request shipping and payment information. You agree that We may update Your payment information with information Your bank or credit card issuer may supply, or other information available to us.

Purchases, Subscriptions, Renewal And Cancellation

We currently ship to addresses within the Continental United States.

Billing And Payments

We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. You may be charged local tax, if applicable. If Your payment method is declined, We will attempt to process Your charge until the transaction is approved. If We are unable to complete the transaction, We may contact You directly to update Your account information.

We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Tomorrow Farms and its third-party service provider to share any information and payment instructions You provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of Your credit card, You may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If You have any issues, please contact [email protected].

We are not responsible for any fees or charges that Your bank or credit card issuer may apply.

The risk of loss and title for items purchased by You passes to You upon our delivery of the items to the carrier. If You would like to receive a refund for any reason, please contact us at [email protected]. Refunds will be issued by us in our sole discretion. To request a refund, please email [email protected] and we’ll be happy to help. You may request a refund within 30 days of your ordered delivery date. After that time, all orders are final sale and are not eligible for a refund.

PRODUCT REVIEWS

The Services allow registered users to post reviews, ratings and comments about products purchased through the Site (collectively, “Reviews“), and You are solely responsible for any content, opinion, statement, recommendation, or advance contained therein. Reviews posted on our Services are not endorsed by Tomorrow Farms and does not represent the views of Tomorrow Farms. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice, or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that You, and not Tomorrow Farms, are solely responsible and liable for any Reviews that You post, including the content contained therein. By posting a Review, You grant Tomorrow Farms a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of Yours throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make Your Review shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of Yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that You submit in connection with such Review of Yours. You acknowledge that Tomorrow Farms may choose to provide attribution of Your Review at our discretion. You further grant Tomorrow Farms the right to pursue at law any person or entity that violates Your or Tomorrow Farms’ rights in Your Review by a breach of this Agreement. You acknowledge and agree that Your Review is non-confidential and non-proprietary. You affirm, represent, and warrant that You own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Tomorrow Farms to publish and otherwise use) Your Review as authorized herein.

Tomorrow Farms reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, You acknowledge that Tomorrow Farms is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to You for any content posted in a Review. Tomorrow Farms does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because We expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, You agree: (i) to base any rating or review You post only on Your first-hand experience with the product You are reviewing; (ii) You will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) Your review will comply with this Agreement. If Tomorrow Farms determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, We may exclude such Review without notice. Further, Tomorrow Farms may remove any Reviews in the event it determines, in its sole discretion, that a Review:

  1. Is false, fraudulent, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
  2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ, and any comparable entities anywhere in the world;
  4. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  5. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  6. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  7. Impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity, including Tomorrow Farms;
  8. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
  9. Include or are intended to facilitate viruses, malware, corrupted data or other harmful, disruptive, or destructive files;
  10. Is unrelated to the topic of the Reviews or products in which such Review is posted; or
  11. Is otherwise objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose Tomorrow Farms or its users to any harm or liability of any type.

Disclaimers

We Do Not Promise, Covenant, Represent, Warrant Or Guarantee That You Or Any Other User Of The Site Will Obtain Any Particular Or Tangible Result Or Goal Through The Use Of The Site, Or Any Product Or Service Made Available On Or Through The Site.

Except As Otherwise Specifically Provided, The Site And The Products Offered On The Site Are Provided On An “As Is”And “As Available”Basis And Without Warranties Of Any Kind, Unless Specifically Set Forth Otherwise. To The Fullest Extent Permissible Under Applicable Law, We Disclaim All Warranties And Guarantees, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability And Fitness For A Particular Purpose And Non-Infringement.

We Do Not Represent Or Warrant That The Functions Contained On The Site Will Be Uninterrupted Or Error-Free, That The Defects Will Be Corrected Or That The Site Or The Server That Makes The Site Available Are Free Of Viruses Or Other Harmful Components. We Do Not Make Any Warranties Or Representations Regarding The Use Of The Materials On The Site In Terms Of Their Correctness, Accuracy, Adequacy, Usefulness, Timeliness, Reliability Or Otherwise. Applicable Law May Not Allow Limitations Or Exclusions On Warranties So The Above Limitations May Not Apply To You.

No Advice Or Information, Whether Oral Or Written, Obtained From Us Or Through The Site Or Services, Including In Connection With The Products, Will Create Any Warranty Not Expressly Made Herein.

Notice Regarding Professional Advice.

Information From Tomorrow Farms Is Not Intended To Be A Substitute For Any Professional Advice, Including But Not Limited To (A) Professional Medical Advice, Diagnosis, Or Treatment Or (B) Professional Financial Or Investment Advice Or Guidance, Or (C) Professional Legal Advice. Never Disregard Or Delay Seeking Professional Medical Advice Or Other Professional Advice. 

Tomorrow Farms Is Not Engaged In The Practice Of Medicine Or Law And Does Not Recommend Or Endorse Any Specific Products, Procedures, Treatments, Medications, Opinions, Or Other Information That May Be Mentioned, Discussed, Or Described On The Sites Or In Materials Or Through Our Services. Nothing Stated Or Posted On This Site Or Available Through Any Services Are Intended To Be, And Must Not Be Taken To Be, The Practice Of Medicine. The Site Materials, Such As Text, Graphics, Images, And Information Obtained From This Site Are For Informational Purposes Only. The Site Is Not Intended To Be A Substitute For Professional Medical Advice, Diagnosis, Or Treatment. Always Seek The Advice Of Your Physician Or Other Qualified Health Provider With Any Questions You May Have Regarding A Medical Condition. Never Disregard Professional Medical Advice Or Delay In Seeking It Because Of Information You Have Obtained Through This Site. If You Think You May Have A Medical Emergency, Call Your Doctor Or 911 Immediately.

Limitation Of Liability

You Understand And Agree That In No Event Shall We Be Liable For Any Indirect, Incidental, Special, Exemplary, Or Consequential Damages Arising Out Of Or In Connection With The Site Or Services, Including, Without Limitation, Any Damages Resulting From Loss Of Use, Data, Or Profits, Whether Or Not We Have Been Advised Of The Possibility Of Such Damages, Or For Any Damages For Personal Or Bodily Injury Or Emotional Distress Arising Out Of Or In Connection With The Agreement, Or From Any Communications, Interactions Or Meetings With Other Users Of The Company Properties, On Any Theory Of Liability, Resulting From: (1) The Use Or Inability To Use The Site Or Services; (2) The Cost Of Procurement Of Substitute Goods Or Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Through The Site; (3) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; (4) Statements Or Conduct Of Any Third Party On The Site; Or (5) Any Other Matter Related To The Site, Whether Based On Warranty, Copyright, Contract, Tort (Including Negligence), Product Liability Or Any Other Legal Theory.

Under No Circumstances Will We Be Liable To You For More Than The Amount Received By Us As A Result Of Your Use Of The Site In The Period During Which You First Assert A Claim. If You Have Not Paid The Company Any Amounts In The Period During Which You First Assert Any Such Claim, Company’s Sole And Exclusive Liability Shall Be Limited To Fifty Dollars ($50).

COPYRIGHT

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tomorrow Farms and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Tomorrow Farms © 2022. Tomorrow Farms All rights reserved.

TRADEMARKS

All trademarks, service marks and trade names of Tomorrow Farms, the Products and Services, on the Site, are trademarks or registered trademarks of Tomorrow Farms or their respective owners.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tomorrow Farms, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct)by You or any other person accessing the Site using Your Internet account, or Your ability or inability to use the Site and Services, including any products purchased thereon.

PRIVACY

Registration data and certain other information about You are subject to our Privacy Policy, which is available at https://tryboredcow.com/policies/privacy-policy. 

THIRD-PARTY LINKS AND SITES

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Tomorrow Farms’. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for Your convenience and therefore You access them at Your own risk. You acknowledge that You bear all risks associated with access to and use of content provided on a third-party site and agree that We are not responsible for any loss or damage You may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if You have any concerns regarding such links or the content located on any such third-party site.

FEEDBACK

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, or similar pages (“Feedback”) is at Your own risk and that We have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.

MISCELLANEOUS

Your use of the Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions. If Your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to You (but only to the extent that local law conflicts with this section).

This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor, or materials.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

In accordance with California Civil Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If You are a resident of Canada, You can contact Your provincial consumer affairs office to lodge a complaint.

ARBITRATION AGREEMENT

Please read the following arbitration agreement in this Section (“Arbitration Agreement“) carefully. It requires You to arbitrate disputes with us and limits the manner in which You can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to Your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of Your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) You may assert claims in small claims court if Your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

If You Agree To Arbitration With Tomorrow Farms Llc, You Are Agreeing In Advance That You Will Not Participate In Or Seek To Recover Monetary Or Other Relief In Any Lawsuit Filed Against Us Alleging Class, Collective, And/Or Representative Claims On Your Behalf. Instead, By Agreeing To Arbitration, You May Bring Your Claims Against Us In An Individual Arbitration Proceeding. If Successful On Such Claims, You Could Be Awarded Money Or Other Relief By An Arbitrator. You Acknowledge That You Have Been Advised That You May Consult With An Attorney In Deciding Whether To Accept This Agreement, Including This Arbitration Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent: Vcorp Services, LLC. 1013 Centre Road Suite 403-B, Wilmington, DE, 19805. 302-497-7115. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, We will pay them for You. In addition, We will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where You live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.
  2. Waiver Of Jury Trial. You And Tomorrow Farms Hereby Waive Any Constitutional And Statutory Rights To Sue In Court And Have A Trial In Front Of A Judge Or A Jury. You And We Are Instead Electing That All Claims And Disputes Shall Be Resolved By Arbitration Under This Arbitration Agreement, Except As Specified In 1 Above. An Arbitrator Can Award On An Individual Basis The Same Damages And Relief As A Court And Must Follow This Agreement As A Court Would. However, There Is No Judge Or Jury In Arbitration, And Court Review Of An Arbitration Award Is Subject To Very Limited Review.
  3. Waiver Of Class Or Consolidated Actions. All Claims And Disputes Within The Scope Of This Arbitration Agreement Must Be Arbitrated On An Individual Basis And Not On A Class Basis, Only Individual Relief Is Available, And Claims Of More Than One Customer Or User Cannot Be Arbitrated Or Consolidated With Those Of Any Other Customer Or User. In The Event That This Subparagraph Is Deemed Invalid Or Unenforceable Neither You Nor We Are Entitled To Arbitration, And Instead Claims And Disputes Shall Be Resolved In The Federal Or State Courts Of New York, New York.
  4. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address: [email protected], Tomorrow Farms, 154 W 14th St, Suite 06-118, New York NY 10011,  within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, Your username (if any), the email address You used to set up Your account (if You have one), and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.
  5. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  6. Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with us.
  7. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that You had already provided notice of to us.
  8. Alternatives to Arbitration. If You are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and this Agreement is deemed to be a consumer contract, the portions of this Agreement related to arbitration will not apply to You. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If You are a resident of a jurisdiction that prohibits the application of New York law in a consumer contract, this Agreement will be governed by the laws of Your jurisdiction of residence and the non-exclusive venue of any claim will the in the courts of Your jurisdiction of residence.

Bored Cow Messaging Terms & Conditions

Bored Cow (hereinafter, “Bored Cow,” “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the “Other Terms and Policies” section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

  1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Bored Cow, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Bored Cow and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Other Terms and Policies

 You also agree to our Messaging Privacy Policy, Terms of Service and Bored Cow Privacy Policy.

 Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

  1. Message Frequency, Cost and Changes

Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent. Please see our Messaging Terms below and our Messaging Privacy Policy here.

For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

 The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

  1. Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

The Program is offered on an “as-is” basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Bored Cow, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

This Program is a service of Tomorrow Farms PBC located at 1239 Broadway, Suite 307, New York NY 10001, United States.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York , NY before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Bored Cow ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the “FAA”). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bored Cow Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Bored Cow makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 154 West 14th Street 2nd Floor, New York NY 10011, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Bored Cow.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.