TERMS OF USE 

Last Updated September 26, 2024

Please read the following Terms of Use (“Terms”) carefully. They govern Your use of the Nourish and Sow, LLC (hereafter referred to as “We”, “Us”, “Our”, “Company”) Website. By using Our Website, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms.  

The term “User,” “You”, and “Your” means users, advertisers, businesses, or third-party service providers whether they are a person, company, business, or organization.  

As a User You specifically agree to these Terms, as well as Our Privacy Policy.  You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us.  Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Website or other third parties and takes the place of any emails, texts or conversations between You and Us. 

If You do not agree to these Terms, You agree that You will not use Our Website.  The Company reserves the right to change the Terms under which the Website is offered and will post such changes via the Website.  If You do not agree to the amended Terms, You agree to stop using the Website. You will be deemed to have accepted the amended Terms if You continue to use the Website after such amended terms are posted showing the “Last Updated” date.  Any changes will be effective immediately upon the posting the new date.  Your continued use of the Website, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.

Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Website, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time.  We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Website following the posting of changes shall mean that You accept those changes as of the latest update, after We send You notice of the changes. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason.  

THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR A PARTICULAR SITUATION OR BUSINESS WITHOUT A FULL EVALUATION OF THE SPECIFIC FACTS INVOLVING YOUR BUSINESS AND SITUATION.

Disclosure and Disclaimer 

You agree to hold Us harmless and indemnify Us against any claims related to the information provided on Our Website, it being understood that the information provided on Our Website by Us or others is for informational and research purposes only. If You are under eighteen (18) years of age do not use Our Website.  

By using Our Website, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Website is for general information and research purposes only and may be provided directly by Us or through third party sources believed to be reliable. You agree to conduct Your own due diligence and research and to accept all risks related to reliance on any Information We provide or make available on Our Website. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information made available through this Website, and You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Information made available through this Website. You agree that any reliance You place on the Information made available by Us or any third party We may source Information from is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information made available by Us or others on or through Our Website.

We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Website. Certain links that may be provided on Our Website are provided for convenience and do not imply Our endorsement, or approval of any businesses or third-party websites or their content. We are not licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.

We have not and will not conduct any due diligence or background checks on Users.  By using Our Website, You agree to conduct Your own due diligence hold Us harmless from any loss caused by Your purchase or sale of any products or services, or hiring of any User advertising or using Our Website. Do not rely on the Information provided or the Services made available on Our Website. You agree to conduct Your own research and due diligence.

We do not offer any legal advice or financial advice. Users agree and represent that We shall at no point be held liable for the actions or omissions of any User that they either interact with, communicate with, or receive any type of services or products from as a result of connecting on through Our Website. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold US harmless and indemnify Us from any and all such claims made as a result of Your use of Our Website, the Content or entering into an agreement of any kind with a User or anyone else using Our Website. We do not vouch for any Users. We simply provide a platform and directory on which those interested in business networking and connecting with others may communicate and transact with others. 

We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to research and do a background check on any User before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment or equity.

No Reliance on User-Generated Content. The Content We may post or that is User-Generated Content posted on the Website or Website, such as blog posts, is provided for informational and research  purposes only, with no assurance that the Content is true, correct, or accurate. Since the Content on Our Website is of a general nature, it is not a substitute for professional business, financial, legal, or any other type of advice. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information made available on Our Website or made available through Our Website is not regulated by any state, federal, or country agency, association, or governing association. 

Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Website will be solely for purposes that are permitted by this Agreement; (iii) Your use of Our Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of Our Website will comply with all applicable laws, rules, and regulations, and with all other policies, terms and conditions stated in this Agreement.

In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Website. 

In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or their products or services. 

The Information and Services We provide are provided to You on a strictly “as is,” “where is,” and on a “where available” basis. Neither We nor any of Our Users, service providers, or advertisers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Website. 

Through this Website You may be able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third-party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.

Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Website and that Information may be biased as a result.

Advertiser Disclosure – Affiliate and Referral Programs

From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Website and that Information and/or those Services may be biased as a result. 

Your Use of Our Website.

 You may use Our Website only for legal and appropriate uses. Company reserves the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Company, and Your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any Content or Information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Website or any other person or entity.
• You may not post any Information via the Website that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use the Website to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use the Website if You are a convicted sex offender.
• You may not interfere or attempt to interfere with the Website or another person’s use of the Website by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
• You may not use a fake or false profile, resume, description, or picture of yourself or others.
• You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Website for any purpose without our advance written permission.
• You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise Our Website, Website, platform, or system integrity or security in any way.

SMS Communication Terms and Conditions

By opting into our SMS communication services, you agree to the following terms and conditions:

• Opt-In: By providing your phone number and replying “YES” to our opt-in request, you consent to receive text messages (SMS) from Us to the phone number provided. These messages may include service updates, promotions, and other communications. The frequency of messages will vary depending on the services or promotions you have opted into.
• Opt-Out: You can opt out of receiving SMS messages at any time by replying “STOP” to any message you receive from Us. After opting out, you will receive one final message confirming your choice. No further messages will be sent unless you re-subscribe by opting in again.
• Help: For assistance regarding our SMS service, reply “HELP” to any SMS message or contact our support team at support@nourishandsow.com.
• Message and Data Rates: Message and data rates may apply for any messages sent or received through our SMS service. These rates are determined by your mobile provider and are your responsibility. Please contact your mobile provider for details on applicable fees.
• Compliance with Laws: Our SMS services comply with the Telephone Consumer Protection Act (TCPA) and 10DLC requirements, ensuring that all messages are sent with the necessary user consent. We reserve the right to modify or discontinue our SMS services at any time.

Your Interactions with Other Users.

You acknowledge that the Company does not conduct criminal background checks regarding Users or otherwise inquire into the background of its Users in order to verify their, identity, criminal background, credentials, education or licenses.

It is Your responsibility to take reasonable precautions in all interactions with other Users of the Website, particularly if You agree to hire them, rely on their advice, accept work they may perform, accept a product they may sell, or agree to meet them in person. In no event shall Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users, whether or not you hire them or pay them any compensation.

Definitions. The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.

1. The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms and the Privacy Policy.
2. “Content” refers to content featured or displayed on or through Our Websites and Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, third party website references, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Website either by Us, third parties, or by You. Content includes, without limitation, Your Content, and Third-Party Content which may be submitted by any User or others that are not Users. 
3. “Information” refers to any Content, as well as Our software, data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, advertising tips, business tips, marketing information, business information, or graphics made available through Our Website. 
4. The term “Service” or “Services” refers to the services provided by Us after You enter into a separate agreement with us for Services.  
5. The term “Website” refers to Our Website, all subpages and subdomains, and all Information, Services, and products available on or through Our Website.
6. The term “User,” “You”, and “Your” means Users, advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.  
7. Our Website and Website are owned by Nourish and Sow, LLC and are also referred to as “We”, “Us”, “Our”, or “Company”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, consultants, and employees. 

License and User Content.

Company grants You a limited, non-exclusive, non-transferable license to access and use the Website in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Website shall automatically terminate the license granted to You by the Company for such use. You shall be solely responsible for Your actions and the contents of Your transmissions or Information you post via the Website. Although Company does not claim ownership of any of the photographs, videos, information, materials and other Content that You post via the Website (collectively, “Your Content”), by posting Your Content via the Website, You automatically grant Company an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free, worldwide license to use, reproduce, copy, perform, adapt, edit, revise, display, reproduce, and distribute Your Content in any manner, for any purpose, without restriction, and in any medium including in connection with the Website. You agree that Our rights to Your Content, which rights are set forth in this Section and elsewhere in these Terms, apply even after We or You terminate Your account or status as a User.

Responsibility for Your Content

You may create Content, written or otherwise, while using Our Website. You are solely responsible for the Content of, and any harm resulting from, any of Your Content that You post, upload, link to or otherwise make available via Our Website, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any of Your Content that You make available through Our Website is solely Your responsibility. We are not responsible for any public display or misuse of Your Content and We do not verify, research, or verify the truthfulness or accuracy of any Third Party Content or Information made available on or through the use of Our Website, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, financial, health, medical, or personal advisors without relying on any Content, advertising or marketing that appears on or is accessible through Our Website.

Right to Post. 

You represent and warrant that You have the right to post all Your Content. Specifically, You warrant that You have fully complied with any third party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on Our Website. 

We May Modify or Remove Content. 

We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any of Your Content is appropriate and complies with these Terms, or refuse or remove any of Your Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner of any of Your Content.

Ownership. 

You acknowledge and agree that the Website, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Website shall at all times remain the Our sole property. You will not acquire any right, title or interest in or to the Website by reason of these Terms, except for the non-exclusive license to use the Website in accordance with these Terms.

Third Party Content. 

There will be Content from third parties accessible through Our Website or linked from Our Website. Because We cannot control all Content, We are not responsible for that Content or for the websites or other Websites that Content may link to.

1. Access To Third Party Content. By using Our Website, You will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Website is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content. 
2. No Responsibility for Third-Party Content. As part of Our Website, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content, and We do not research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Website. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content or listing such third party companies or businesses, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, or service or product. We are not responsible for any Third-Party Content accessed through Our Website. If You decide to leave the Website and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content, website or Website.
3. No Authorization to Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites You are visiting.

Copyright Infringement and DMCA Policy. 

If You believe that any Content located on Our Website or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.

1. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Website if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.
2. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Business: Nourish and Sow, LLC , 10869 N. Scottsdale Road, #103-749, Scottsdale, AZ 85254 Attention: Copyright Agent.
3. Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, We will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
4. Counter-Notices. If You believe that Your Content that has been removed from Our Website is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
5. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.

Intellectual Property Notice. 

We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.

1. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Website, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.
2. Specifically, Nourish and Sow, LLC, and all trademarks that appear, are displayed, or are used on the Website or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them and list their companies on Our Website. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission. 
3.       Any comments or materials sent to Us or posted on Our Website, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Website, and developing, creating, and marketing products and services incorporating such Feedback.

User Dispute Resolution Procedures. 

1. Users agree that any such disputes between Users shall be settled, arbitrated, or litigated between them. If You have a dispute with one or more Users, You release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of Arizona, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Scottsdale, Arizona, U.S.A., for any action arising out of these Terms.
2. You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
3. Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.
4. No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.   

Indemnification.

 You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any other User of the Website; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Website. We will have sole control of the defense of any such damage or claim made against Us.

Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE WEBSITE HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

THE WEBSITE IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.

Nourish and Sow, LLC respects and is committed to Your privacy. Please review Our Privacy Policy, which also governs Your use of the Website, to understand Company’s practices. 

Miscellaneous.

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. 

Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Website, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Website. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.

Non-Assignability by User. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.

Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.