Terms and Conditions
Welcome to FAARM .org. FAARM is a 501 C 3 organization dedicated to social good bringing inflatable solar lanterns and other innovation to a world in need. We are not a retail website – we are a donation website integrating specially chosen products for donation and distribution around the world. (“FAARM”) FAARM provides website features and other products and services to you when you visit or donate at FAARM .org, access our site from your mobile phone or use our website software to navigate our website, make donations and support the FAARM mission. Collectively our online presence is called FAARM Services. FAARM Services subject to the following conditions.
By using FAARM Services, you agree to these conditions. Please read them carefully.
We offer FAARM Services, and sometimes additional terms may apply. When you use a FAARM Service you also will be subject to the guidelines, terms and agreements applicable to that FAARM Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of FAARM Services, to understand our practices.
When you use any FAARM Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other FAARM Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any FAARM Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of FAARM or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any FAARM Service is the exclusive property of FAARM and protected by U.S. and international copyright laws.
FAARM owns and has exclusive rights to use its trademark and logo In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any FAARM Service are trademarks or trade dress of FAARM in the U.S. and other countries. FAARM ’s trademarks and trade dress may not be used in connection with any product or service that is not FAARM ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FAARM . All other trademarks not owned by FAARM that appear in any FAARM Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FAARM.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, FAARM or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the FAARM Services. This license does not include any resale or commercial use of any FAARM Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any FAARM Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by FAARM or its licensors, suppliers, publishers, rights holders, or other content providers. No FAARM Service, nor any part of any FAARM Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FAARM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FAARM without express written consent. You may not use any meta tags or any other “hidden text” utilizing FAARM ’s name or trademarks without the express written consent of FAARM. You may not misuse the FAARM Services. You may use the FAARM Services only as permitted by law. The licenses granted by FAARM terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any FAARM Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FAARM does sell products to children or facilitate donations from children under the age of 13, nor is FAARM required to be COPPA compliant or include an age gate, but FAARM facilitates donations from adults, who can use a credit card or other permitted payment method. If you are under 13, you may use the FAARM Services only with involvement of a parent or guardian. FAARM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or donations in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
At this time FAARM does not allow or facilitate reviews, comments or other onsite communications or posting of content. If in the future FAARM does allow such content postings the following will apply: Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FAARM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FAARM nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FAARM and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FAARM for all claims resulting from content you supply. FAARM has the right but not the obligation to monitor and edit or remove any activity or content. FAARM takes no responsibility and assumes no liability for any content posted by you or any third party.
FAARM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact FAARM at Info@FAARM.org.
RISK OF LOSS
All items purchased from or through donations to FAARM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND SHIPPING
FAARM does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, FAARM does not take title to the refunded item. For more information about our returns and refunds, please contact FAARM at Info@FAARM.org.
If you purchase from our website, and return the lamp and your purchase receipt within one week of receipt, we will give you a full refund on your purchase price, excluding shipping. Send the return to the address listed below.
Solight Design ™
2 Peter Cooper rd 6h
New York, NY 10010
Once you have ordered, your product will be processed and shipped within 2-3 business days.
FAARM attempts to be as accurate as possible. However, FAARM does not warrant that product descriptions or other content of any FAARM Service is accurate, complete, reliable, current, or error-free. If a product offered by FAARM itself is not as described, your sole remedy is to return it in unused condition.
” Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller.
With respect to items sold by FAARM or provided to donors via donations to FAARM, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item presented by FAARM is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
APP AND FULLY RESPONSIVE WEBSITE PERMISSIONS
When you use apps created by FAARM or FAARM ’s fully responsive on mobile devices website, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, contact your carrier.
FAARM SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with FAARM Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FAARM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FAARM SERVICES ARE PROVIDED BY FAARM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FAARM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FAARM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FAARM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FAARM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FAARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAARM DOES NOT WARRANT THAT THE FAARM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FAARM SERVICES, FAARM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FAARM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAARM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FAARM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FAARM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any FAARM Service, or to any products or services sold or distributed by FAARM or through FAARM.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent by sending your letter to Attention Legal Department, 3025 NE 181 Street, Seattle, WA 98155. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, FAARM will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any FAARM Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, county of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FAARM.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your use of FAARM Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2 Peter Cooper Road, 6h
New York, NY 10010
How to Serve a Subpoena
If you have a subpoena to serve on FAARM, please note that FAARM does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on FAARM.org, preferably by mailing the subpoena to FAARM’s registered agent as referenced above.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used.
Notice and Procedure for Making Claims of Copyright Infringement
No third party work is allowed to post on the FAARM site. If in the future work is allowed to post on the FAARM site the following conditions will apply: In the event that work is allowed to post on the FAARM site in the future and you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint via email to Info@FAARM.org. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send your report to:
2 Peter Cooper Road, 6h
New York, NY 10010
Please note that this procedure is exclusively for notifying FAARM that your copyrighted material has been infringed.
Additional FAARM Software Terms
- Use of the FAARM Software. You may use FAARM Software solely for purposes of enabling you to use and enjoy the FAARM Services as provided by FAARM, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the FAARM Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the FAARM Software or otherwise assign any rights to the FAARM Software in whole or in part. You may not use the FAARM Software for any illegal purpose. We may cease providing any FAARM Software and we may terminate your right to use any FAARM Software at any time. Your rights to use the FAARM Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain FAARM Software that are specifically identified in related documentation may apply to that FAARM Software (or software incorporated with the FAARM Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any FAARM Service is the property of FAARM or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the FAARM Software, whether in whole or in part, or create any derivative works from or of the FAARM Software.
- In order to keep the FAARM Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the FAARM Software. If you are a U.S. Government end user, we are licensing the FAARM Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the FAARM Software are the same as the rights we grant to all others under these Conditions of Use.