These Terms and Conditions of Use (the “Terms of Use”) apply to the Cerca Cultivation Corporation website located at www.cercacultivation.com, and all associated sites linked to www.cercacultivation.com by Cerca Cultivation, its subsidiaries and affiliates, including Cerca Cultivation sites around the world (collectively, the “Site”). The Site is the property of Cerca Cultivation Corporation (“Cerca Cultivation”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Cerca Cultivation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cerca Cultivation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Cerca Cultivation, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Cerca Cultivation’s express prior written consent.

You may use information on Cerca Cultivation products and services (such as data sheets, knowledge base articles, zines, and similar materials) purposely made available by Cerca Cultivation for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Cerca Cultivation reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cerca Cultivation server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cerca Cultivation, including any Cerca Cultivation account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cerca Cultivation’s systems or networks, or any systems or networks connected to the Site or to Cerca Cultivation.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cerca Cultivation on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cerca Cultivation or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Cerca Cultivation’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Cerca Cultivation may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Cerca Cultivation makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

This policy may be changed from time to time and is effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Cerca Cultivation ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cerca Cultivation immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cerca Cultivation or any other user of or visitor to the Site due to someone else using your Cerca Cultivation ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Cerca Cultivation ID, password or account at any time without the express permission and consent of the holder of that Cerca Cultivation ID, password or account. Cerca Cultivation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Cerca Cultivation’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Cerca Cultivation’s Privacy Policy, click here https://shop.cercacultivation.com/policies/privacy-policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Cerca Cultivation Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Cerca Cultivation’s control, and Cerca Cultivation is not responsible for and does not endorse the Content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Warranties, Disclaimers and Limitations of Liability

CERCA CULTIVATION WARRANTS THAT THE SEED AND/OR SEEDLINGS AND/OR PLANTS IN IN ANY BOXES/PACKAGES/SHIPMENTS SENT TO CUSTOMER ARE LABELED AS REQUIRED BY LAW AND WILL CONFORM TO THE LABEL. CERCA CULTIVATION MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO ASSURANCE OF SEED, SEEDLING, PLANT OR CROP PERFORMANCE OR FREEDOM FROM DISEASE (EVEN IF SEED BORNE).

CERCA CULTIVATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CERCA CULTIVATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CERCA CULTIVATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERCA CULTIVATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CERCA CULTIVATION SERVICES AND/OR PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CERCA CULTIVATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

ADDITIONALLY, CERCA CULTIVATION PROVIDES ITS BOXES AND SUBSCRIPTIONS AND OTHER PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE BASIS”. CERCA CULTIVATION CANNOT ENSURE THAT ANY PLANTING YOU MAKE OF SEED/SEEDLINGS/PLANTS PROVIDED BY CERCA CULTIVATION WILL RESULT IN USABLE PRODUCE OR HERBS OR THAT FOLLOWING THE RECOMMENDATIONS OF ANY ZINE’S OR OTHER ADVICE FROM CERCA CULTIVATION WITH RESPECT TO PLANTING OR PLANT CARE WILL NOT DAMAGE OTHER PLANTS IN CLOSE PROXIMITY TO THE SEED/SEEDLINGS/PLANTS PROVIDED BY CERCA CULTIVATION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SEED/SEEDLINGS/PLANTS AND ALL OTHER PRODUCTS ORDERED OR PROVIDED VIA THIS WEBSITE. YOUR SOLE REMEDY AGAINST CERCA CULTIVATION FOR DISSATISFACTION WITH ANY SUCH PRODUCTS, SERVICES OR SUBSCRIPTIONS IS TO STOP USING THE PRODUCTS OR SERVICES AND TO CANCEL AUTOMATIC RENEWAL OF ANY SUBSCRIPTIONS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

If the production of seed/seedlings/plants is prevented by any condition existing from a State of War, Governmental Act or Order, or by an Act of God, Cerca Cultivation shall not be liable therefore. If the cost of producing, processing or merchandising any of the goods or services sold via this website is increased directly or indirectly because of the effect of any of the above-mentioned causes on production, such increase shall be paid by you to Cerca Cultivation upon automatic renewal of your subscription for the next term. If the production of any seed/seedlings/plants covered by a subscription entered into by you is prevented by any condition existing from a State of War, Government Act or Order, or by an Act of God, such seed/seedlings/plants may be subject to pro-rata delivery based upon actual production or subject to substitution for similar seed/seedlings/plants, solely at Cerca Cultivation’s discretion. If the cost of producing, processing or merchandising the seed/seedlings/plants covered by your subscription is increased by labor costs, strikes, or by Cerca Cultivation’s payment of fees or taxes (other than income taxes) or by increased services to comply with Federal or State Laws or Regulations or the requirements of any Governmental entity enacted or promulgated subsequent to the date of the subscription or product purchase, such increases shall be paid by you to Cerca Cultivation upon automatic renewal of your subscription for the next term.

THE EXCLUSIVE REMEDY FOR LOSS OR DAMAGE ARISING OUT OF ANY SEED, SEEDLINGS OR PLANTS PROVIDED BY CERCA CULTIVATION IS LIMITED TO RETURN OF THE PURCHASE PRICE OF THAT SEED, SEEDLING OR PLANT AND YOU MAY NOT RECOVER FROM CERCA CULTIVATION ANY OTHER DAMAGE, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMED UNDER ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT PRODUCT LIABILITY OR BREACH OF STATUTE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Cerca Cultivation reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

ARBITRATION OF CLAIMS

NOTICE: Customers in Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Minnesota, Mississippi, North Dakota, South Carolina, South Dakota, Texas and Washington – ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY MANY STATES: The seed laws of several states including Alabama, Arkansas ,California , Colorado , Florida , Georgia , Idaho , Illinois ,Indiana , Minnesota , Mississippi , North Dakota , South Carolina (Section 46-21-260) South Dakota ,Texas (vegetable seed only) and Washington require arbitration, conciliation or mediation of disputes involving allegedly defective seed before certain legal action may be maintained against Cerca Cultivation. A complaint (sworn for in AL, AR, CO, FL, GA, IL, IN, MN, MS, SC, TX, WA; Seed commissioner (IN), (CO), or State Plant Board (AR) must be served within such time to permit an inspection of seed, crops or plants(by an arbitration committee – AR, ID, IL, and SC). A certified copy of complaint must be sent by registered mail to Cerca Cultivation as provided by the individual state law.

In addition to the terms and conditions regarding various state notices, it is expressly provided herein (as well as within the acknowledgment agreement referred to herein) that with every purchase of Cerca Cultivation’s subscriptions, services and products you agree that in the event of any dispute regarding the performance of such subscriptions, services or products, such dispute, whether involving Cerca Cultivation or authorized Cerca Cultivation dealers/resellers/shippers, or both, shall be subject to binding arbitration, such arbitration to be pursuant to the applicable terms and condition of the then-existing regulations of the American Arbitration Association relating to commercial disputes. Such arbitration shall take place within Ventura, California, with the arbitrator (arbitrators), to be selected from the panel of the nearest metropolitan area.

Indemnity

You agree to indemnify and hold Cerca Cultivation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Cerca Cultivation by any third party due to or arising out of or in connection with your use of the Site and your use of the products/services/subscriptions provided hereunder.

Violation of These Terms of Use

Cerca Cultivation may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cerca Cultivation’s rights or property, or the rights or property of visitors to or users of the Site, including Cerca Cultivation’s customers, or Cerca Cultivation’s products, services, subscriptions, trademarks or other intellectual property. Cerca Cultivation reserves the right at all times to disclose any information that Cerca Cultivation deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cerca Cultivation also may disclose your information when Cerca Cultivation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Cerca Cultivation may preserve any transmittal or communication by you with Cerca Cultivation through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Cerca Cultivation determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cerca Cultivation, its employees, users of or visitors to the Site, and the public.

You agree that Cerca Cultivation may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cerca Cultivation, for which monetary damages would be inadequate, and you consent to Cerca Cultivation obtaining any injunctive or equitable relief that Cerca Cultivation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cerca Cultivation may have at law or in equity.

You agree that Cerca Cultivation may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Cerca Cultivation does take any legal action against you as a result of your violation of these Terms of Use, Cerca Cultivation will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Cerca Cultivation. You agree that Cerca Cultivation will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

It is agreed that all contracts between you and Cerca Cultivation are made in, and to be performed at Ventura, Ventura County, California, U.S.A. It is further agreed that the forum for any litigation arising out of any such contracts shall be in the County of Ventura, State of California, and that the laws of the State of California shall govern the rights, duties, obligation, performance, enforcement, and substantive and procedural issues arising out of your use of this website, and your purchase of any services, products or subscriptions from Cerca Cultivation. In the event of litigation arising out of performance or non-performance of any obligations thereunder, the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to any other award.

The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Cerca Cultivation and you arising out of or in connection with your use of the Site or any products, services or subscriptions produced via the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Cerca Cultivation administers and operates the www.cercacultivation.com Site from its location in Ventura, California USA; other Cerca Cultivation sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, subscriptions or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Cerca Cultivation reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content of the Site or any copy or adaptation of such Content, or any product or service offered on or provided via the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations, and you specifically may not export any seed/seedlings/plants outside the United States without property export licenses, phytosanitary certificates, and other appropriate documentation, as well as Cerca Cultivation’s prior written consent to such export.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Cerca Cultivation with regard to your use of the Site and Cerca Cultivation’s products, services and subscriptions, and any and all other written or oral agreements or understandings previously existing between you and Cerca Cultivation with respect to such use are hereby superseded and canceled. Other than as provided in a separate purchase agreement you may enter into with Cerca Cultivation that has been signed by both parties, Cerca Cultivation will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Cerca Cultivation’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cerca Cultivation of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cerca Cultivation and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Cerca Cultivation provides access to Cerca Cultivation international data and, therefore, may contain references or cross references to Cerca Cultivation products, subscriptions and services that are not announced in your country. Such reference does not imply that Cerca Cultivation in your country intends to announce such products, subscriptions, programs or services.

Free Seedling Contest Rules and Conditions

Eligibility:

The contest is open to individuals aged 18 years and older.
Participants must submit their valid email address on the contest entry form.
Void where prohibited by law.

Contest Period:

The contest begins on March 1, 2024, and ends on March 21, 2024.
Entries received outside the specified contest period will not be considered.

How to Enter:

To enter, participants must visit cercacultivation.com and submit their email address via the designated entry form.
Only one entry per person is allowed.
Entries generated by script, macro, or other automated means are void.

Prize:

One Farmer’s Bundle will be awarded to a randomly selected winner daily.
The prize is non-transferable and cannot be exchanged for cash or an alternative product.

Winner Selection:

The winner will be randomly selected from all eligible entries.
The drawings will take place around 9 A.M. PT each day during the contest period, and the winner will be notified via email within [number] days of the drawing.

Claiming the Prize:

The winner will be sent a one-time-use promo code that can only be used by the email address they submitted with contest entry. The code will never expire, but it can only be used once.


Publicity:

By entering the contest, participants grant Cerca Cultivation the right to use their name and likeness for promotional purposes without additional compensation.

Privacy:

Personal information collected during the contest will be used solely for the purpose of administering the contest and will not be shared with third parties.

General Conditions:

Cerca Cultivation reserves the right to disqualify any participant found to be in violation of these official rules.
Cerca Cultivation is not responsible for technical, hardware, or software failures, or other errors that may affect the entry process or the drawing.
Modifications:

Cerca Cultivation reserves the right to modify or cancel the contest at any time for any reason.
Legal Compliance:

This contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
By entering this contest, participants agree to abide by these official rules and conditions.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Cerca Cultivation shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@cercacultivation.com

Our contact information is posted below:
Cerca Cultivation Corporation
info@cercacultivatoin.com
3756 W. Avenue 40, Suite K #429
Los Angeles, CA 90065