Terms and Conditions
Effective 2.21.24
The acceptance of these Terms and Conditions establishes an Agreement, commencing and effective upon the date of acceptance, between the subscriber (hereinafter “Customer") and Instafarm, LLC (hereinafter “Instafarm”), and sets forth the terms and conditions wherein Instafarm leases Instafarm growing appliance(s) (hereinafter “Countertop Farm”) to Customer (“Lease”). Instafarm may update these Terms and Conditions at Instafarm’s sole discretion and will post the current version on Instafarm’s website.
1. Term: The Term of this Agreement shall begin on the date when the Customer accepts these Terms and Conditions by subscribing to a Lease of a Countertop Farm along with Instafarm’s Tray Subscription Service (Tray Subscription). The Term shall renew each month unless canceled by Instafarm or the Customer. The Lease of the Countertop Farm requires that Customer has an active Tray Subscription of at least 18 trays per month. If the Tray Subscription attached to the Lease of the Countertop Farm is canceled the Countertop Farm Lease will also be canceled and the Countertop Farm must be returned to Instafarm as outlined below.
2. Payment: Each month, on the day of the month that the Customer signed up for the Tray Subscription and the Lease, the Customer will be charged for their Instafarm Tray Subscription plus $17 for the Lease of the Countertop Farm. Should the Customer’s credit card transaction fail or be declined, Customer has 7 days to provide a new credit card to Instafarm. Should Customer fail to provide a credit card the Lease will be deemed canceled. Instafarm shall not raise the price of this Countertop Farm Lease without at least 60 days prior notice to be emailed to the Customer.
3. Cancellation: Instafarm or Customer may cancel this Lease at any time by notifying the other party. Should the Customer choose to cancel their Tray Subscription and Lease within 6 months of signing up for the Tray Subscription and Lease, Customer shall pay to Instafarm a restocking fee equal to $59.00. The restocking fee will be waived for any cancellations 6 months or more from the date of signing up for the subscription. Upon receiving notification that Customer would like to cancel, Instafarm will charge the $59 restocking fee (if applicable) and ship a return box with a prepaid return label to the Customer. Customer shall pack the Countertop Farm and all accessories received from Instafarm (including the power supply and the tank) into the provided packaging and ship the Countertop Farm using the provided prepaid label. Customer hereby authorizes Instafarm to charge $449.00 to the credit card on the Customer’s account if Instafarm has not received the Countertop Farm within 30 days of cancellation. In the event of Customer’s failure to abide by all terms and conditions of this Agreement, Instafarm’s representatives have the right to terminate this Agreement and declare the entire unpaid balance immediately due and payable, in addition to seeking recourse through any other remedies provided by law. At Instafarm’s request, Customer shall immediately ship the Countertop Farm in proper condition to the location requested by Instafarm using a shipping box and prepaid label to be provided by Instafarm.
4. Warranty, Repairs, and Damage: The Countertop Farm provided by Instafarm may be new or refurbished and will be in good working condition. Should the Countertop Farm need repair or replacement due to regular use and wear, Instafarm shall repair or replace the Countertop Farm free of charge, including the cost of shipping the repaired or replacement Countertop Farm. Customer shall immediately notify Instafarm of any damage to the Countertop Farm by Customer beyond reasonable use and wear. Customer will be charged for any repairs due to damage because of Customer negligence. Should the Countertop Farm be damaged beyond repair, lost, or stolen, Customer may be charged the full purchase price of the Countertop Farm of $449.00. Customer is prohibited from modifying, adjusting, and/or using the Countertop Farm in a negligent, reckless, or illegal manner. Any exposure of Countertop Farm to hazardous material or waste MUST be disclosed to Instafarm and the Countertop Farm must be immediately removed from exposure. Customer shall not, without consent of Instafarm, sell, lease, or dispose of any Countertop Farm, including, but not limited to, any additional accessories. Customer agrees that no growing container or tray other than Instafarm’s Branded Trays will be used in the Countertop Farm.
5. Notices: All notices or other communications hereunder shall be deemed to have been fully given when made in writing and delivered in person, by facsimile, email, or United States mail, and addressed as follows:
Customer: Email address provided during the subscription signup process.
Instafarm: info@instafarm.ag
6. Indemnification: Customer assumes all risks associated with the Countertop Farm and accessories, releasing Instafarm from any and all liabilities and damages that may occur in connection with the Countertop Farm, it’s operation and use, or any defect or failure thereof, or breach of our stated obligations. To the fullest extent permitted by law, Customer agrees to indemnify and hold Instafarm as well as its affiliates, including any Instafarm directors, officers, employees, agents, and/or representatives, harmless from any and all claims relating to or arising from use, maintenance, and/or possession of the Countertop Farm, including any injury to persons, fatalities, or damage to property, and from any and all expense incurred in the defense of such claims (including, without limitation, reasonable attorney fees and costs). Customer’s indemnity obligations shall survive the expiration or termination of this Agreement. If any section of this Agreement is determined invalid by a court official or competent jurisdiction, Customer agrees that this release and indemnification shall be enforceable to the fullest extent permitted by law.
7. Remedies: If Customer, or any other representative of Customer, fails to fully pay any invoice in accordance with this Agreement, provides misleading information to Instafarm, or if Countertop Farm becomes lost, damaged, stolen, or destroyed, Customer will be responsible for all liability and costs associated with bringing Instafarm whole again. Neither Instafarm, nor all representatives of Instafarm, will have any obligation to Customer or any other party, regarding malfunctions. Customer hereby waives any and all liability, including any and all incidental or consequential damages arising out of or associated with the Countertop Farm. Instafarm may hold Customer accountable to the maximum extent permitted under applicable law.
8. Governing Law/Attorney Fees: This Agreement shall be governed by, constructed, and enforced in accordance with the laws of the United States of America and State of Colorado, without regard to the conflicts of law and principles thereof.
9. Website Clickwrap and Online Signatures: This Agreement may be executed via online clickwrap, an “agree and continue” button, or online signatures. The Customer acknowledges that upon clicking online, indicating that he agrees to these terms and conditions this contract becomes binding upon the Customer without any further signature.
10. Ownership: This agreement does not constitute a transfer of ownership and at no time during the term of the subscription does the title or ownership transfer from Instafarm to Customer.
11. Arbitration: Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved between the parties shall be resolved by binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or in the absence of such agreement within ten days from the date of the notice, the arbitrator shall be selected by two independent, disinterested attorneys, one of whom shall be appointed by each of the parties. The arbitrator shall provide a full written decision on all issues in the matter within ninety (90) days from the date of referral of the matter to the arbitrator. The place of arbitration shall be Fort Collins, Colorado, U.S.A, unless the parties shall have agreed to another location prior to selection of the arbitrator, and the proceedings shall be conducted and all evidence offered in the English language. The arbitrator may receive evidence from any party in person, by mail or electronically, in his or her discretion. The arbitral award shall be final and binding. Each Party shall pay one half of all the fees and costs billed by the arbitrator. The prevailing party shall be entitled to an award from the arbitrator of declaratory relief, preliminary and permanent injunctive relief, compensatory damages, reasonable attorney fees and costs of the action, but the parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award punitive or exemplary damages against any party. The arbitrator's final award may be entered in any court in the United States and worldwide having jurisdiction thereof. The parties waive any right to appeal the arbitral award; to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration, and (c) to enforce any decision of the arbitrator, including the final award. The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and deem that all materials submitted in connection with such proceedings are for the purpose of settlement and compromise; provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.