Terms & Conditions
Last updated: March 2, 2021
Welcome to the Santa Fe Farms LLC website. Please read these terms and conditions of service (these “Terms of Service”) carefully before using the Site. By accessing any areas of this site, you agree to be bound and to abide by the terms and conditions set forth below. If you do not agree with any part of the following terms and conditions, you do not have any right to use the Site.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Santa Fe Farms LLC, a New Mexico limited liability company (collectively, “Company” or “we” or “us” or “our”), governing your access to and use of the Site as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and any services supplied by or on behalf of us through the Site (collectively, the “Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms or Service by reference.
These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Site or the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. By accessing this Site or using our Services following any such change, you agree to adhere to and be bound by the Terms of Service as modified.
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years old, and that your use of the Site, Services, or Products does not violate any applicable law or regulation. Any use of the Site, Services, or Products by persons under the age of eighteen (18) is strictly prohibited.
Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Company makes no representations that the Services made available through the Site will be available or appropriate in every jurisdiction in which the Site may be accessed or Services utilized. To the best of Company’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and utilizing our Services are legal where you are. You access the Site and utilize our Services at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THESE TERMS IN THE FUTURE, YOU MAY NOT ACCESS, USE, OR CONTINUE TO ACCESS OR USE THE SITE OR OUR SERVICES.
SECTION 1 – CONTENT
All content included on this Site, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”) is owned by or licensed by Company and subject to copyright and other intellectual property rights under applicable laws. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours, and is the exclusive property of Company. No right, title, or interest in any materials or software is transferred to you as a result of use of the Site. You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or its operations.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site and the Content in accordance with these Terms of Service. We reserve all rights not expressly granted to you in and to the Site and Content.
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.
SECTION 2 – THIRD-PARTY LINKS
Certain Content and Services available via our Site may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy for any third-party materials or websites. We do not warrant and are not liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 3 – USER CONTENT, COMMENTS AND FEEDBACK
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Company on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “User Content”), whether submitted in writing or electronically, shall be and remain Company’s property. Such disclosure, submission or offer of any User Content shall constitute an assignment to Company of all worldwide right, title, and interest in all copyrights and other intellectual property in the User Content. Thus, Company will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Company is and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay user any compensation for any User Content; or (c) to respond to any User Content.
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. Company is not responsible for inaccurate information provided by visitors to the Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are and shall remain solely responsible any User Content you make.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
SECTION 4 – MODIFICATIONS
We reserve the right at any time to modify or discontinue the Site or the Services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site or Services.
SECTION 5 – PERSONAL INFORMATION
SECTION 6 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site or Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Service or on any related website, except as required by law. No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated.
SECTION 7 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.
SECTION 8 – DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE AND ALL CONTENT OF THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE IMPORTATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, AND YOUR USE THEREOF.
COMPANY DOES NOT GUARANTEE THAT THE QUALITY OF THE INFORMATION ON THE SITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR DISTRICTS.
SECTION 9 – INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS MANAGER, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY COMPANY, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH COMPANY’S DEFENSE OF SUCH CLAIMS. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
SECTION 10 – APPLICABLE LAW; JURISDICTION
The Site is created and controlled by Company in the State of New Mexico. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and by the laws of the State of New Mexico without giving effect to any principles of conflicts of laws. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
Each of Company and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Albuquerque, New Mexico, and waives any objection to the laying of venue of any litigation in said courts.
SECTION 11 – ARBITRATION
In the event of any dispute with Company, you agree to first contact Company to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, or Services, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration, rather than in court, in Albuquerque, New Mexico, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the city of Albuquerque, in the state of New Mexico. You hereby accept the exclusive jurisdiction of such court for this purpose.
SECTION 12 – CLASS ACTION WAIVER
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site or Services signifies your explicit consent to this waiver.
SECTION 14 – SEVERABILITY
The provisions of these Terms of Service are intended to be severable. If for any reason any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part in any applicable jurisdiction, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
SECTION 15 – ACKNOWLEDGMENT; OTHER TERMS
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to any Services constitute the entire agreement and understanding between you and us and govern your use of the Site and any Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – CHANGES TO TERMS OF SERVICE
We reserve the right to make changes to the Site, posted policies and these Terms of Service at any time without notice or liability. You can review the most current version of these Terms of Service at this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SECTION 18 – MISCELLANEOUS
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms of Service or use of the Site or Services. Upon Company’s request, you agree to furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
The Site is operated by Company. All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:
Santa Fe Farms
215 Lincoln Ave.
Santa Fe, NM 87501
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to Company at [email protected]