STORE POLICY

Because We Care

At Forest City Microgreens, we want to give our customers the most enjoyable shopping experience, one that will keep them coming back to our store time and time again. That’s why we believe that our store policies should be fair, clear and transparent. Below you’ll find a list of all our policies. If you can’t find the information you’re looking for - please don’t hesitate to contact us today!

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The Terms of Use are effective November 1st. 2018.   Welcome to Forest City Microgreens web site.  Please read the following Terms of Use carefully before using the Web Site. The Terms of Use form a binding contract between you and Forest City Microgreens. This agreement includes the following subjects.

Acceptance of Terms Through Use
Forest City Microgreens creates information, products, and services available on the Web Site, subject to the following terms and conditions of use (the “Terms of Use”). These Terms of Use also apply to any updates, enhancements, new features, and new web properties. By using this Web Site, you represent to Forest City Microgreens that you have read, understood, and agreed to all terms, conditions, and notices contained or referenced in these Terms of Use, and agree to follow all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.

When you submit a request or application for a product or service that is made available through this Web Site by a third-party provider, Forest City Microgreens will share your information with the Provider as permitted by law and described in The Structured Stone Privacy Policy. Forest City Microgreens and the provider to whom your request or application is forwarded may obtain information from you and may, as permitted by law, obtain public records information to verify your identity and process your order.

Privacy Policy
Your privacy is important to us. You can learn more about the information collected about you in our Privacy Policy, which is incorporated fully into these Terms of Use.

When you are required to open an account to use or access areas of the Web Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You also will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Forest City Microgreens immediately on any unauthorized use of your account, user name, or password. Forest City Microgreens shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Forest City Microgreens, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Scope
These Terms of Use apply to the Web Site, and are in addition to the specific terms and conditions associated with the products and services on this Web Site. If these Terms of Use are not consistent with the specific terms that apply to the information, products, or services offered on the Web Site, then the specific terms that apply to that information, those products, or those services will apply.

Reservation of Rights
Any rights not expressly granted in these Terms of Use are reserved by Forest City Microgreens, and Forest City Microgreens reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.

Severability and Integration
Unless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between you and Forest City Microgreens with respect to the Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Forest City Microgreens with respect to the Web Site. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Changes to Terms of Use
Forest City Microgreens reserves the right to update or revise any part of these Terms of Use and the information, products, services, prices, and programs offered or mentioned on the Web Site at any time. Any changes will be effective immediately upon the posting of the updated Terms of Use on the Web Site, however, the fact of the change will be posted on the home page of the Web Site.

Changes to the Web Site
Forest City Microgreens may periodically make changes to the Web Site at any time, without notice. Forest City Microgreens third party providers may make improvements and/or changes to the products and services described on the Web Site, and the pricing of those products and services, at any time, without notice.

Termination
Forest City Microgreens reserves the right, in its sole discretion, to terminate your access to any part of the Web Site, with or without notice.

Subscription: We are committed to providing you with great product, service and prices. After your 2 month commitment you can cancel you subscription at any time. Send us an email with your request and we will gladly pause your order until you tell us otherwise. If you would like to continue with your subscription after the pause you can email us and let us know to reactive your subscription.

Your Proper Usage of the Web Site
Everyone is welcome to visit and browse the Web Site. However, if you are ordering products through the Web Site, you must be an adult resident of Canada or the USA.

By using or visiting this Web Site, you agree that you will not insert false, fraudulent, indecent, or obscene information into applications or informational forms and that your usage will comply with all applicable state and federal laws. You further acknowledge and agree that you are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:

accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail to us or to any Provider or in any posting to the Web Site; or
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Forest City Microgreens in providing the Web Site.
Any violation of system or network security may subject you to civil and/or criminal liability.

To ensure that Forest City Microgreens provides a high-quality experience for you and other users of the Web Site, you acknowledge and agree that Forest City Microgreens or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Web Site. Forest City Microgreens will not disclose such an investigation unless required to do so by law. Forest City Microgreens will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.

If you violate any provision of this section of the Terms of Use, Forest City Microgreens may terminate your access to the Web Site without notice, and you will have indemnity obligations to Forest City Microgreens and other third parties entitled to indemnification as a result of your violation of these Terms of Use.

Your Indemnification
You agree to indemnify Forest City Microgreens for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Forest City Microgreens, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Web Site; your violation of these Terms of Use; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Forest City Microgreens will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Products / Third-Party Service Providers
Forest City Microgreens provides you with access to third party providers (each a “Provider”) solely for your convenience. Some of these Provider sites may be co-branded (i.e., bear the name and/or logo of both the Provider and Forest City Microgreens). The provision of access to a Provider does not signify an endorsement by Forest City Microgreens the Provider’s web site or the services offered by that Provider. Forest City Microgreens has no control over, does not review, and cannot be responsible for Provider web sites, the content on those sites, or the acts or omissions of any Provider. Your use of a Provider’s or its services will be subject to the Provider’s terms of use and Provider’s privacy policy. If you decide to use the services of a Provider, or if you decide to purchase a product from a Provider, any transaction between you and that Provider (including any agreement governing such a transaction) will be strictly between you and the Provider Forest City Microgreens has no control over the Provider’s obligations to you, and makes no representations or warranties with respect to the Provider’s performance. It is your responsibility to take precautions to ensure that Provider web sites are free of viruses or other items of a destructive nature. YOU AGREE THAT Forest City Microgreens WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A PROVIDER.

Our Rights to Communicate with You
WHEN YOU APPLY FOR A PRODUCT OR SERVICE THROUGH THE WEB SITE, YOU ARE ESTABLISHING A BUSINESS RELATIONSHIP WITH Forest City Microgreens YOU WILL BE ASKED TO PROVIDE YOUR NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS, AND OTHER RELEVANT INFORMATION. THIS INFORMATION MAY BE USED BY Forest City Microgreens OR PROVIDED BY Forest City Microgreens TO THIRD-PARTIES WHO MAY CONTACT YOU REGARDING YOUR ORDER, THE STATUS OF YOUR ORDER, ALTERNATIVES AVAILABLE TO YOU IN THE EVENT YOUR ORDER IS REJECTED, AND OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH Forest City Microgreens AND THE PROVIDERS. ANY SUCH CONTACT IS EXEMPTED FROM THE PROVISIONS OF THE “DO NOT CALL” AND “CAN-SPAM” STATUTES AND REGULATIONS.

Authorized Use of Web Site Information
Except as may be otherwise indicated on the Web Site, Forest City Microgreens hereby grants you a fully revocable, non-exclusive license to view and print documents or information on the Web Site, subject to the following terms and conditions:

The document or information may be used (by you or any third party to whom you distribute it) solely for informational and personal purposes.
You may not charge any fee for distribution of any information to any third party.
The document or information may not be modified in any way.
All copyright or other proprietary notices that appear on the web page(s) from which you take the document or information, including from these Terms of Use, must appear on any copy of the document or portion that you make or distribute.
Forest City Microgreens reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the document or information will immediately discontinue any use of the document or information upon notice of revocation.
The license does not include the layout or design of the Web Site. Elements of the Web Site are protected by copyright, trade dress, and other laws and may not be imitated or reproduced in whole or in part.

The license does not include logos, graphics, sounds, or images on the Web Site, which may be reproduced or distributed on a case-by-case basis only with Forest City Microgreens prior express written permission.

Personal and Non-Commercial Use Limitation
This Web Site is made available only for your personal, non-commercial use. Except as specified in the preceding section entitled Authorized Use of Web Site Information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or re-sell information, software, products, or services that you obtain from the Web Site, except with Forest City Microgreens express written permission. You may not use the Web Site to sell a product or service or to increase traffic to a web site for commercial reasons, except by prior written agreement with Forest City Microgreens You may not take elements of the Web Site and reformat or display them, or mirror them on a web site, except with prior written agreement with Forest City Microgreens.

If you want to make commercial use of the Web Site, you must enter into an agreement with Forest City Microgreens.  Please contact us at forestcitymicrogreens@gmail.com for more information.

Disclaimer of Warranties
THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE, INCLUDING THE IMAGES, TEXT, DATABASES, SOFTWARE, CODE, SOUND, PHOTOS, CUSTOM GRAPHICS, BUTTON ICONS, THE COLLECTION, COMPILATION, ASSEMBLY, AND THE OVERALL LOOK AND DISTINCTIVENESS OF THE WEB SITE (ALL OF WHICH CONSTITUTES THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Forest City Microgreens DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER Forest City Microgreens NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEB SITE CONTENT. Forest City Microgreens DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEB SITE ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR RISK.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.

Further Disclaimer
ALTHOUGH Forest City Microgreens STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED ON THE WEB SITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT Forest City Microgreens WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, OR LOST DATA, RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON Forest City Microgreens WEB SITE OR ANY PRODUCTS OR SERVICES ORDERED OR OBTAINED THROUGH THE WEB SITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU FURTHER UNDERSTAND AND AGREE THAT Forest City Microgreens WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY ACTS OR OMISSIONS, WHETHER NEGLIGENT OR INTENTIONAL, OF ANY PROVIDER. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

Availability of Products and Services
The Web Site can be accessed from countries around the world and may contain references to Forest City Microgreens, programs, and products that have not been announced or are not available where you are located or reside. These references do not imply that Forest City Microgreens currently offers or intends to offer such services, programs, or products in your state or country.

Policy on Linking to Forest City Microgreens Web Site
You are granted a limited, nonexclusive right, which we may revoke at any time, to create a hypertext link to the Forest City Microgreens Web Site found at www.forestcitymicrogreens.com. If you exercise this limited, non-exclusive right, however, you agree to the following:

You will not portray Forest City Microgreens, its affiliates or Providers or their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
You will not misrepresent your relationship with Forest City Microgreens or imply that Forest City Microgreens sponsors, endorses, or is affiliated with any web site or products.
You will not replicate, modify, or alter the appearance or content of this Web Site.
You will not use, frame, or utilize framing techniques to enclose Forest City Microgreens trademark, logo, or other proprietary information, the images found on the Web Site, the content of any text, or the layout and design of any page or form contained on a page on the Web Site without the express prior written consent of Forest City Microgreens.
Furthermore, a site that links to the Forest City Microgreens Web Site:

Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; and
Must not contain materials that would violate any laws.
If you exercise this limited, non-exclusive right to create a hypertext link to the Forest City Microgreens Web Site, you agree that the link may be removed at any time, upon Forest City Microgreens request, pursuant to Forest City Microgreens reserved right to rescind its consent to allow the link.

Except as stated above, you are not granted the right or license, by implication, estoppel, or otherwise, in a patent, trademark, copyright, or proprietary right of Forest City Microgreens or any third party, to (i) the Content of the Web Site or (ii) any intellectual property or proprietary rights of Forest City Microgreens.

Submissions, Feedback, and Confidentiality
All comments, feedback, information, and materials submitted to Forest City Microgreens through the Web Site (each a “Submission”) will be considered the non-confidential property of Forest City Microgreens.  By providing a Submission to Forest City Microgreens, you grant Forest City Microgreens, at no charge, a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Submission in any media; and (b) make, sell, offer for sale, import, and otherwise transfer your Submission. Forest City Microgreens will be free to use and/or disseminate a Submission on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Forest City Microgreens, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.

Claims of Copyright Infringement
Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Forest City Microgreens to delete, edit, or disable the material in question, you must provide Forest City Microgreens with all of the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Forest City Microgreens to readily locate the material, such as the URL for the web page on the Web Site on which the material is found;
information reasonably sufficient to permit Forest City Microgreens to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
 
Intellectual Property Notices

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Web Site constitute trade dress and the property of Forest City Microgreens. The trade dress of Forest City Microgreens is protected by law and may not be copied or imitated in whole or in part. Logos, graphics, sounds, and images from the Web Site may NOT be copied or retransmitted unless expressly permitted by Forest City Microgreens. Forest City Microgreens logo, Forest City Microgreens and other Forest City Microgreens products and services referenced in the Web Site are the common law and registered trademarks of Forest City Microgreens in the Canada and in other countries. The absence on the Web Site of a Forest City Microgreens product or service name, slogan, or logo does not constitute a waiver of Forest City Microgreens trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Web Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that the Content available on the Web Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Forest City Microgreens, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. As noted in the section of these Terms of Use entitled Authorized Use of Web Site Information, you may print or download one copy of the Content on the Web Site on any single computer for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Forest City Microgreens is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web Site is strictly prohibited without the express prior written permission of Forest City Microgreens. Permission will be granted only when certain limited criteria are met. For information on requesting such permission, please contact forestcitymicrogreens@gmail.com

Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, the Web Site, and all matters relating to these Terms of Use (collectively “Claims”), will be governed by the laws of the province of Ontario, which will apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of Ontario provincial law.  Forest City Microgreens makes no representation that information or materials on the Web Site are appropriate or available for use in locations outside of Canada. Accessing the Web Site or the Content from places where the Content is illegal is prohibited. Those who choose to access the Web Site from locations outside of Canada are responsible for compliance with all applicable laws.

General
Forest City Microgreens failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and Forest City Microgreens nevertheless agree that the court should endeavor to give effect to our mutual intentions as reflected in the provisions, and that the other provisions of the Terms of Use will remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any Claims and any cause of action related to use of the Web Site, the Content, or these Terms of Use must be filed within one (1) year after the Claims or cause of action arose or they will be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. 

Subscriptions

How to create a weekly or bi-weekly subscription: Fill out the form “Sign up here”.  Choose your delivery frequency (weekly or bi-weekly) You will receive an email confirming your sign up. A week before your delivery you will get an order form to send back with your microgreen choices for the week and any requests for future orders.

What is the difference between Grown to Order or from Available this week?: Because Microgreens are a living product they all have there own growing times and are cultivated with care. There are times when certain microgreens are not ready for harvest in time for orders to be sent out. Product quality is our top priority.  If one of the microgreens you choose is not  available the week your order is scheduled for delivery we will substitute it with one that is Available this Week. If you would like to put in a request for future orders we will gladly ensure your favourite microgreen is available and Grown to Order.

Is there a minimum order quantity or amount?: In order for us to pass on this great savings to you we do require a minimum order of 3 single packs of our delicious Microgreens. We also require a commitment of 2 months.

What if I want to cancel my subscription?: We are committed to providing you with great product, service and prices. After your 2 month commitment you can cancel you subscription at any time. Send us an email with your request and we will gladly pause your order until you tell us otherwise. If you would like to continue with your subscription after the pause you can email us and let us know to reactive your subscription.

Keep in mind that we may receive commissions when you click our links and make purchases. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced, in order to help you make the best choice for you.

Forest City Microgreens, All rights reserved