IMPORTANT! THESE TERMS OF USE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY SAPPHIRE FARMS AND ITS AFFILIATES (“SAPPHIRE FARMS” OR “COMPANY”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SAPPHIRE FARMS AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
ACCESS TO THIS SITE
YOU MUST BE TWENTY ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY ONE (21) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site and subject to all of the site’s conditions and rules. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, without the express prior written permission of an authorized representative of Sapphire Farms. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or the content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
You may not use this site for any illegal purpose, and by using this site you represent and warrant to Sapphire Farms that your usage of the site conforms to all applicable law.
PROPRIETARY INFORMATION
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Sapphire Farms is the proprietary information of Sapphire Farms or the third party that provided the Content to Sapphire Farms, and Sapphire Farms or that third party retains all right, title, and interest in the Content. This site does not grant any user a license to use any of its content for any purpose. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Sapphire Farms, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Sapphire Farms’ and/or the third parties’ providing Content intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
HYPERLINKS
This site may be hyperlinked to other sites which are not maintained by, or related to, Sapphire Farms or the third parties that provide Content. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Sapphire Farms. Sapphire Farms has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Sapphire Farms makes no representations or warranties about the safety or content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Sapphire Farms of that site.
SUBMISSIONS
You hereby grant to Sapphire Farms the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Sapphire Farms will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
DISCLAIMER
You understand that Sapphire Farms cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, not Sapphire Farms, are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Sapphire Farms does not assume any responsibility or risk for your use of the Internet, and expressly disclaims any responsibility to do so or any attendant liability. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Sapphire Farms. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Sapphire Farms disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Sapphire Farms does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Sapphire Farms may make changes or improvements at any time (including while you are accessing the site). You, and not Sapphire Farms, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SAPPHIRE FARMS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Sapphire Farms does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
SAPPHIRE FARMS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAPPHIRE FARMS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
INDEMNITY
You will indemnify and hold Sapphire Farms, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TRADEMARKS
Trademarks, service marks, and logos appearing in this site are the property of Sapphire Farms or the party that provided the trademarks, service marks, and logos to Sapphire Farms. Sapphire Farms and any party that provided trademarks, service marks, and logos to Sapphire Farms retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person; violates any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers; advertises any commercial endeavor except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code designed to interrupt, destroy or limit functionality; disrupts the normal flow of dialogue or affects others’ ability to engage in real time activities via this site; includes MP3 files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations regarding use of this site or any networks connected to this site; or contains hyperlinks to other sites that contain such content.
Although under no obligation to do so, Sapphire Farms reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Sapphire Farms nor any third party that provides Content to Sapphire Farms will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
PRIVACY POLICY
Sapphire Farms and its subsidiaries, divisions, affiliates, and brands (collectively, “Sapphire Farms,” “us,” or “we”) value your privacy. This Privacy Policy (“Policy”) is intended to help you understand how your personal information is used and collected when you visit our website or utilize our online facilities and services. We reserve the right to make changes to this Policy at any given time, without notice, and it is your obligation to visit this page frequently to remain aware of our current Policy. This Policy governs any and all data collection and usage by Sapphire Farms, and your use of this website indicates your consent to such data collection procedures. This Policy does not govern any collection and use of information by companies not controlled by Sapphire Farms, including any websites that we may mention or to which we provide links. Such third-party websites may be subject to their own privacy policy which we recommend you review prior to providing any such website with information.
Specifically, this Policy will explain:
a) What personal data is collected from you through our website;
b) Why we collect this data and the legal basis for such collection;
c) How we use collected data and with whom it may be shared;
d) Your rights pertaining to collected data and what choices are available to you regarding the use of your data; and
e) What security procedures we have in place to protect against misuse of collected data.
Information We Collect
The types of information that we collect may include, but are not limited to:
a) personal information (such as name, age, date of birth, email address, and phone number);
b) purchase information (such as purchased items and loyalty points, if applicable);
c) technical information (such as IP address, operating system, web browser, and cookie information);
d) communication information (such as correspondence conducted via the website).
How We Collect Information
Information is collected directly from you when you create an account, join a program, or provide information voluntarily (e.g., forms, email, chat). Purchase information may be collected when you purchase items from Sapphire Farms. Technical and communications information is collected via our website.
Why We Collect Information and for How Long
We collect your data to:
a) Provide services to you;
b) Respond to your requests and provide support;
c) Improve our services and products;
d) Provide promotional and/or marketing communications upon your consent;
e) Request your participation in surveys and market research upon your consent;
f) Use your preferences and online behavior to customize our website.
All data collected from you will be stored for the minimum duration necessary, determined by business needs, legal requirements, limitation periods, the nature of any contract, your consent, and our legitimate interests.
Use and Retention of Collected Information
Sapphire Farms may use collected information to operate our website and deliver the services you request. We may also use your data to inform you of products and services in which you might be interested, and/or to request your participation in surveys and/or questionnaires. We may use cookies, web beacons, tracking pixels, and similar technologies to help customize the site, improve your experience, and for marketing or advertising purposes.
Disclosure of Information
Sapphire Farms does not sell personal data. We may use or disclose information you provide: (a) as necessary to provide services or products; (b) as described in this Policy or with your consent; (c) in aggregated/de-identified form; (d) as required by law or in response to legal process; (e) to outside auditors bound by confidentiality; (f) to enforce these Terms of Use; and (g) to maintain, safeguard, and preserve the rights and property of Sapphire Farms.
Children Under the Age of 21
You must be at least 21 years old to use this website. If you are under 21 years old you are not permitted to use this website for any reason. No information obtained by this site requires monitoring per COPPA.
Your Rights as to Collected Data
Users may opt out of marketing communications and may request access, correction, deletion, restriction, or portability of their personal data, or object to certain processing, subject to applicable law. Submit requests to [email protected]. We may need additional information to authenticate a requester’s identity. We will respond within the time required by law.
Sharing Your Personal Data and Third-Party Advertisers
We may share:
• Certain anonymized information with advertising partners to support marketing efforts;
• Anonymized/aggregated data with hosting and analytics partners to operate and improve the site;
• Aggregated statistics to describe our services;
• Information as required by law or court order.
Links to Other Websites
Our website contains links to affiliate and third-party websites. Sapphire Farms is not responsible for the privacy policies, practices, and/or procedures of websites accessed through such links. This Policy applies solely to information collected by this website.
Notice to European Union Users
Sapphire Farms’ operations are located primarily in the United States. By providing personal information to us, you consent to its transfer, storage, and use in the U.S. as described in this Policy.
Acceptance of Terms
By using this website you accept the terms and conditions in this Policy. If you do not agree, please refrain from further use of this website.
Contacting Us
If you have questions or concerns regarding this Policy, you may contact us at [email protected].
COOKIES
How We Use Cookies
When you visit our website, it may send a cookie to your device to create a more personalized browsing experience. You can adjust your browser settings to decline cookies or alert you when a website attempts to place a cookie.
We use cookies to: (a) verify you are twenty-one (21) years of age or older; (b) avoid showing first-time messages repeatedly; and (c) support site security and performance. We also use cookies (including third-party cookies) for analytics and advertising as described above. Cookie information contains no Personally Identifiable Information. Cookies used for marketing purposes are retained consistent with the “Use and Retention” section above.
Cookies We Use, Including Third-Party Cookies
We may use persistent cookies to remember your age-gate response for a limited period (e.g., twenty-four hours). Third-party cookies may be used for analytics and advertising.
How to Control or Delete Cookies
You can refuse or delete cookies via your browser settings; doing so may limit your ability to use parts of the website. See your browser’s Help section for instructions. Additional information is available at www.allaboutcookies.org.
SECURITY
We take the security of your data seriously and use appropriate technologies and procedures to protect it according to the risk level and service provided. Sensitive information transmitted on this website is protected using encryption (e.g., via HTTPS). Sapphire Farms has implemented measures designed to secure your personal information and avoid unauthorized access, use, alteration, or disclosure. Access to personal information is limited to employees and service providers who need it to perform their duties.
Despite these precautions and security measures, Sapphire Farms cannot fully guarantee total security of data shared and stored online. Use of the Site is at your own risk. If site security settings or procedures are circumvented by a user, Sapphire Farms is not liable for resulting consequences.
Any passwords used for this site are for individual use only. You are responsible for the security of your password (if any). Sapphire Farms may require password changes and may terminate accounts using insecure passwords.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. Sapphire Farms reserves the right to investigate suspected violations and to cooperate with law enforcement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SAPPHIRE FARMS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SAPPHIRE FARMS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SAPPHIRE FARMS OR LAW ENFORCEMENT AUTHORITIES.
CONTRACTING THROUGH THIS SITE
If you use this site to order from Sapphire Farms, these terms and conditions are hereby incorporated into any purchase order or other contract entered into between you and Sapphire Farms. Regardless of any terms or conditions submitted by you, and regardless of the timing of such a submission, Sapphire Farms’ terms and conditions are superior and binding. If this is not acceptable to you, please do not order goods from this site. Contact a customer representative directly to mutually negotiate terms.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York, New York in connection with any dispute between you and Sapphire Farms arising out of these Terms of Use or pertaining to the subject matter hereof. The parties agree that the exclusive venue for any dispute will be in the state and federal courts located in New York, New York.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use and the terms of any contract forms, purchase orders and order confirmations accessed through this site constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Sapphire Farms may revise these Terms of Use at any time by updating this posting.