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Privacy Policy

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Coastal Cultivars, Inc. (“Coastal Cultivars,” “us,” “we,” or “our”) owns and operates the coastalcultivars.com and number9collection.com websites and any other website where this Privacy Policy is posted by Coastal Cultivars (“Sites”). This Privacy Policy (“Policy”) provides information on the manner, scope, and purpose of Coastal Cultivars’ collection, processing, use, and sharing of any information we collect from you through the Sites that, alone or in combination with other data, is reasonably capable of identifying or being associated with you (“Personal Information”). Depending on where you reside, certain parts of this Policy also may apply to Coastal Cultivars’ handling of Personal Information and other data we collect from you whenever you communicate or interact with us, whether online or offline, with respect to the products and services we provide (collectively with the Sites, the “Services”). By using the Sites or any of our other Services, you agree to the terms of this Policy.

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This Policy only applies to information we collect from you through the Services identified above. Other websites or online services, including any third-party services you use to interact with Coastal Cultivars, may have their own privacy policies and you should consult those policies accordingly.

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Coastal Cultivars’ Services are intended for users twenty-one (21) years of age or older. Our Services not intended for use by anyone under 21 years of age, and anyone younger than 21 should not submit any Personal Information to Coastal Cultivars.

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This Policy is effective as of August 11th , 2022.

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1. Policy Changes

Coastal Cultivars may update this Policy from time to time. Any changes to this Policy will be posted below for a period of thirty (30) days and will be effective when posted. The changes also will be immediately incorporated into this Policy.

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Your continued use of the Sites or any related Services after any changes are made to this Policy constitutes your acceptance of the changes.

 

If any of the changes are unacceptable to you, you should cease using our Services.

If any changes to this Policy affect how Coastal Cultivars treats or handles information we have already received from you, Coastal Cultivars will notify you by email (if we have a valid email address to use) and give you thirty (30) days to opt-in to the changes as they pertain to your information. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.

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2. Collection and Use of Personal Information

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2.1 Data Voluntarily Provided to Coastal Cultivars

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Depending on how you interact with Coastal Cultivars, there are parts of the Services where you may be asked to provide Coastal Cultivars with Personal Information or other data, or such data may be collected from you in an automated manner as described in the section titled “Cookies and Other Tracking Technologies,” below. For example, Personal Information such as your name, age, gender, demographic information, mailing/shipping address, email address, phone number, credit/debit card or other payment information, username and password or other account access information, and any other Personal Information or other data you voluntarily provide through the Services may be collected from you when you:

 

  • sign up and create an account or profile for the Services;

  • transmit and respond to requests on or through the Services;

  • contact Coastal Cultivars with questions, comments or other communications;

  • purchase anything on or through the Services;

  • include such information as part of any content or communications you make available to Coastal Cultivars through any of our Services;

  • sign up to receive communications about Coastal Cultivars and its Services;

  • complete and submit your answers to Coastal Cultivars’ surveys and questionnaires; and/or

  • placing online orders or submissions

  • location information, contacts, app inventory or sensor data

  • otherwise provide any information to us voluntarily through the Services.

 

Coastal Cultivars generally will not ask you to provide any sensitive data, such as religious beliefs, citizenship status, sexual orientation, or race or ethnicity, but you may be able to voluntarily provide such information when interacting with our Services. To the extent you include any sensitive data in communications you voluntarily provide to us through the Services, you hereby acknowledge and agree that such data may be processed by Coastal Cultivars as necessary to provide the Services in accordance with your instructions.

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2.2 Cookies and Other Tracking Technologies

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Coastal Cultivars or its service providers also may automatically collect certain data as you use the Services and navigate elsewhere online, such as your IP address and other data about your internet connection, your operating system, browser type, and other devices or technology you use to access the Sites or other Services, as well as usage data about your interaction with our Services. This automatically collected data generally does not identify any specific individual, but to the extent such data is reasonably capable of being combined with other information and associated with you or another person, we will treat such data as Personal Information.

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The automatic collection of data described above is accomplished through the use of files and other technology which are transmitted to your computer or device as you browse our Services and other locations online. This technology is commonly referred to as “cookies.” You may be able to disable cookies by consulting your browser and/or computer settings. Please note that any disabling of cookies could affect how the Sites and other Services appear or operate for you.

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Certain third parties also may directly collect certain Personal Information and other data from you when you use certain parts of the Sites or other Services. For example, Coastal Cultivars may use third-party analytics service providers which could automatically collect certain Personal Information and other data about you through the Services including, but not limited to, your IP address and/or other online identifiers. Third-party cookies or other tracking technology may be used through this process to track data such as the times you most frequently use the Services, what devices you use to access the Services, what parts of the Services you visit and the links you use to get there.

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These data analytics vendors and other technology service providers may use such information to track how you use the Services, measure the performance of the Services, improve features on the Services, and provide Coastal Cultivars with tools that satisfy overall operating needs for the Services. Coastal Cultivars may then use feedback from these service providers to improve the Services and our interactions with you.

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2.3 How and Why Coastal Cultivars Uses the Information You Provide

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Coastal Cultivars only uses your Personal Information when we have a proper reason for doing so, such as to comply with a legal or regulatory obligation, to process orders, transactions or otherwise in performance of a contract, or for our legitimate interests in providing the Services. For example, Coastal Cultivars may use your Personal Information and other data to:

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  • process any other orders placed through the Services;

  • maintain proper business records and other relevant records;

  •  respond to your questions, comments or other messages;

  • send you promotional content or other online communications about products or services in which you may be interested;

  • contact you if there are issues with any content or information you may have uploaded or posted through the Services;

  • provide ongoing technical support related to the Services;

  • communicate with you regarding additional uses of your Personal Information beyond the scope of this list or the Policy;

  • improve the content and general administration of the Services;

  • perform internal operations related to the Services (e.g., fraud prevention);

  • troubleshoot software issues and operational problems with the Services;

  • conduct data analysis and testing; and/or

  • monitor the usage of the Services.

 

By providing to Coastal Cultivars the Personal Information and other data referenced above, you agree that Coastal Cultivars may use the Personal Information and other data in accordance with the terms of this Policy.

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3. Sharing of Information

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Coastal Cultivars will disclose Personal Information to third parties as necessary to fulfill the business purposes for which the Personal Information was collected, as otherwise set forth below, or with the express consent of the user. Except as noted in this Policy, Coastal Cultivars does not sell or share your Personal Information with any person or entity outside of Coastal Cultivars.

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Coastal Cultivars may share certain portions of Personal Information with its vendors in order to make the Services function properly. This may include sharing Personal Information and other data with email marketing providers to send you communications related to our Services.

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Personal Information may be made available to government institutions and/or public authorities if disclosure is required by law, or if such Personal Information is required to be produced pursuant to any applicable legal process. Coastal Cultivars also may share Personal Information or other data in order to avoid imminent physical harm to any person or harm to any Coastal Cultivars property.

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Personal Information received or held by Coastal Cultivars may be transferred to any entity that succeeds to the assets or business of Coastal Cultivars by any merger, consolidation, combination, reorganization, sale of assets or in connection with any transfer as part of any insolvency or bankruptcy proceeding. In such case, Coastal Cultivars will make reasonable efforts to cause any successor to agree to abide by the terms of this Policy.

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We also may disclose your Personal Information to other service providers to carry out our obligations and enforce our rights arising from any contracts related to your use of the Services, or as otherwise described to you at or before the point when we collect your Personal Information.

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Other than what is referenced above, the Personal Information collected from you is not shared with nor sold to any person or entity outside of Coastal Cultivars.

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4. Your Rights and Choices

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Depending on where you reside, you may be able to exercise certain rights with respect to Personal Information you provided to Coastal Cultivars, or that Coastal Cultivars may have collected about you, such as rights to:

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  • Confirm whether Coastal Cultivars has collected and is processing your Personal Information and, if so, you may have a right to access such data;

  • Correct any inaccuracies about your Personal Information;

  • Request the deletion or erasure of Personal Information you provided to Coastal Cultivars or that we have otherwise collected about you;

  • Obtain a copy of Personal Information Coastal Cultivars maintains about you in a portable and readily usable format, if technically feasible, that would allow you to transfer such Personal Information to another service or provider, where the applicable processing is carried out by automated means;

  • Be protected from adverse treatment by Coastal Cultivars with respect to the prices and quality of our Services and any products offered on or through our Services because you exercised certain rights regarding the collection, use and sharing of your Personal Information; and

  • Opt-out of any processing of your Personal Information for the purposes of, as applicable, (1) targeted advertising based on your browsing behavior before and after you visit or use the Services, (2) any sale of your Personal Information, if applicable, or (3) any profiling of you based on collected Personal Information in a way that would produce legal ramifications or similarly significant real-world effects on you.

 

If you would like to request the ability to access, review, edit, or delete any Personal Information that Coastal Cultivars may have collected about you, opt-out of receiving further information from Coastal Cultivars, limit what we share, or if you otherwise wish to exercise available privacy rights or ask Coastal Cultivars to cease using your Personal Information in the manners specified in this Policy (subject to any applicable legal exceptions), please contact us at info@coastalcultivars.com

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Any removal of Personal Information or other data by Coastal Cultivars does not ensure or guarantee complete or comprehensive removal in all places. The information may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information. Coastal Cultivars will do its best to accommodate any deletion request you make, but Coastal Cultivars cannot guarantee it can remove all Personal Information from the specified uses. Therefore, please be as specific as possible in your request. If the request relates to information that Coastal Cultivars needs to make the Services function properly for you, you may not be able to use the Services properly moving forward.

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Coastal Cultivars reserves the right to maintain proper business records with Personal Information as required by law or for other legitimate business purposes to the extent permitted by law, even if such records contain your Personal Information.

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If you would like to opt-out of receiving promotional emails from Coastal Cultivars, please follow the opt-out instructions at the bottom of the email or send Coastal Cultivars a detailed email to info@coastalcultivars.com.

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Coastal Cultivars may refuse any request made regarding collected Personal Information if it is unable to verify the identity of the person making the request or if it cannot authenticate the legitimacy of the request using commercially reasonable efforts. Under such circumstances, Coastal Cultivars may follow up with you for additional information as reasonably necessary to authenticate your request. Subject to applicable legal requirements, if Coastal Cultivars refuses to act on a request you make based on the rights listed at the beginning of this section, you may have a right to submit an appeal by contacting us using the same method as when you made the initial request. In the event Coastal Cultivars must deny your appeal, we will provide a way for you to forward your complaint to the appropriate legal authorities.

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Under certain circumstances, you may grant an authorized agent written permission to submit requests regarding your Personal Information, but we may deny authorized agent requests if we are unable to verify your identity directly as the subject of the Personal Information at issue.

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Coastal Cultivars will only use Personal Information provided in a verifiable request related to Personal Information in order to verify the requestor's identity or authority to make the request.

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Some browsers have a ”do not track” feature that lets you tell websites that you do not want to have your online activities tracked. As referenced above, Coastal Cultivars does not sell any Personal Information collected through the Services, and the Sites are not currently configured to respond to “do not track” or similar automated privacy controls. As noted previously in this Policy, it is possible that third parties may collect or receive information through the Services. Since it is possible that some of these third parties may respond differently than Coastal Cultivars to “do not track” requests, you should consult the applicable privacy policies of those third parties for that information.

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To learn more about other ways to possibly opt-out of certain kinds of tracking that occur when you browse the internet and lead to targeted advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific, and there is no guarantee that these industry-provided opt-out tools will prevent all targeted advertising.

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5. Data Security and Retention

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Coastal Cultivars has implemented, uses and maintains industry standard encryption for the Sites and other administrative, technical, and physical data security measures that are reasonably designed to help protect collected Personal Information from loss, unauthorized access or disclosure, both in storage/rest and in transmission.

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While Coastal Cultivars takes the issue of protecting your Personal Information seriously, you should exercise discretion in what information you disclose or transmit through the Services. Coastal Cultivars cannot guarantee that information sent online is fully secure, and therefore the transmitted information may be intercepted by others before it reaches Coastal Cultivars. If you are concerned about sending information to Coastal Cultivars over the internet, please send the information by mail or call us to make other arrangements. Coastal Cultivars is not responsible for the security of information sent online.

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Coastal Cultivars retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. Coastal Cultivars also will retain collected information connected to business records for periods of time required by law. If Coastal Cultivars determines that collected information is no longer needed, it will delete such information. Coastal Cultivars’ collection times will be consistent with applicable law.

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6. Age Requirements

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The Services are intended for individuals 21 years of age and older located in the United States.

The Services are not directed at, marketed to, nor intended for, individuals under 21 years of age. No one under the age of 21 is permitted to provide any information on or through the Services. If you are under 21 years of age, DO NOT: use or provide any information on or through the Services; use any of the Services’ features; use any interactive or public commenting feature on the Services; and/or provide any information about yourself to Coastal Cultivars. Coastal Cultivars does not and will not knowingly collect any information, including Personal Information, from any person under 21 years of age and Coastal Cultivars will take prompt steps to delete any such information if it is inadvertently received. If Coastal Cultivars learns that we have received Personal Information from any person under 21 years of age, Coastal Cultivars will delete that information. If you believe Coastal Cultivars might have information from or about any person under 21 years of age, please contact us immediately at info@coastalcultivars.com

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7. International Concerns

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The Services are meant for individuals within the United States. Coastal Cultivars only knowingly collects information from individuals within the United States. If you provide information to Coastal Cultivars from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding use of the Sites or other Coastal Cultivars Services, and related data collection.

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You also agree and acknowledge that by providing any data through the Services, including Personal Information, that such information will be transferred to, and stored in, the United States. Further, your consent to this Policy followed by your submission of such information represents your agreement to that transfer.

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If you are located in the European Economic Area (the “EEA,” which includes the 27 European Union Member States, Iceland, Lichtenstein and Norway), Switzerland or the United Kingdom (“UK”) (collectively, the “EU”), or if you are visiting the Sites or using other Services from other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Policy.

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Coastal Cultivars will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Information will take place to any organization or country unless there are appropriate controls in place that are consistent with industry standards and applicable laws and regulations, including with respect to the security of your Personal Information and other data.

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8. External Links

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The Services may contain links to external sites or other online services, including any links that may be embedded in third party advertisements, all of which are not directly controlled or owned by Coastal Cultivars. Coastal Cultivars is not responsible for the privacy practices and data collection policies for such external sites or online services. You should consult the privacy policies of those third-party services for details.

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Coastal Cultivars also may allow interaction between the Services and third-party platforms and other external services online, including social media providers. Such interactions may include buttons and plugins that allow you to share information with others outside of Coastal Cultivars’ Services. Please consult the privacy policies of such third-party providers before using them to make sure you are comfortable with the level of sharing. If you do not want social media services to gather information on your usage of our Sites or any related Services, please do not click the buttons mentioned above.

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9. Contact Information

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Coastal Cultivars intends to strictly enforce this Policy. If you believe there has been some violation of the Policy, please contact us using the following information:

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By mail:

399 BOYLSTON STREET, 6TH FLOOR

BOSTON, MA 02116 USA

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By email: info@coastalcultivars.com

By telephone: 413-717-4006

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This Policy was last updated on August 10th, 2022.

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Terms of Service/Legal Notice

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Coastal Cultivars, Inc. (“Coastal Cultivars,” “us,” “we,” or “our”) owns and operates the coastalcultivars.com and number9collection.com websites and any other website where these Terms of Service are posted by Coastal Cultivars (“Sites”) and any related services (collectively with the Sites, the “Services”). By accessing or using Coastal Cultivars’ Services, you agree to the following Terms of Service/Legal Notice, as well as our Privacy Policy and any other terms and conditions that may appear elsewhere through the Services, all of which are hereby incorporated by reference (collectively, the “Agreement”). Please read this Agreement carefully. This Agreement applies to anyone (“you” or “your”) who signs up for an account or profile on the Sites or otherwise uses our Services.

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This Agreement only applies to the Services identified above. Other sites, apps, social media accounts, or other content that Coastal Cultivars makes available to you may have their own terms and conditions that should be reviewed.

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This Agreement is effective as of: August 11th, 2022.

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IMPORTANT, READ CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND COASTAL CULTIVARS, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THE SERVICES ARE NOT AVAILABLE TO ANYONE WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE COASTAL CULTIVARS’ SERVICES. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE LAWS AND REGULATIONS.

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Coastal Cultivars may provide specialized promotions and other offerings through the Services that will have additional terms and conditions or rules. If any portion of this Agreement conflict with the special terms or rules for any such special offering, the conflicting portion of the special terms or rules will govern for that specific portion of the offering unless stated otherwise.

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Coastal Cultivars does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.

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In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that Coastal Cultivars in no way endorses or is responsible for these services.

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Purpose of the Services

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The intended purpose of the Services is to provide information about Coastal Cultivars products and offerings. Any content made available on or through the Services is provided for informational purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Coastal Cultivars. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.

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THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

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Any and all content or products offered on or through the Services are subject to availability. Any and all use of the Services is done at your own risk. Coastal Cultivars will try its best to make the Services useful, but Coastal Cultivars does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely safe or without defect.

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License

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Coastal Cultivars hereby grants you a revocable and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Services’ intended purposes. Coastal Cultivars reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.

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Intellectual Property Rights and Ownership

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Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective user of the Services who uploads or posts such content as set forth in the section titled “User Generated Content,” below, all content appearing through the Services including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of content, or any other related electronic content or files (collectively “Coastal Cultivars Content”) are the sole property of Coastal Cultivars or its licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.

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Any use of Coastal Cultivars Content that is not consistent with the intended purpose of the Services, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Coastal Cultivars’ prior written consent, is strictly prohibited, except you may print out one copy of each page on the Sites solely for personal or internal, non-commercial use. No other use is permitted without Coastal Cultivars’ prior written consent. You may not sell, transfer, assign, license or sublicense any Coastal Cultivars Content. The use or posting of any Coastal Cultivars Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use Coastal Cultivars Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of Coastal Cultivars Content. Coastal Cultivars Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Coastal Cultivars Content. Unauthorized use of any Coastal Cultivars Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any Coastal Cultivars Content is transferred to you as a result of you

accessing, downloading or printing any Coastal Cultivars Content from the Services. Any use of Coastal Cultivars Content must display the appropriate copyright, trademark and other proprietary notices. All software used in connection with the Services is the sole property of Coastal Cultivars or those supplying or licensing the software.

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You acknowledge that you have no right, title, or interest in or to the Services or any Coastal Cultivars Content.

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COASTAL CULTIVARS and NO. 9 COLLECTION are trademarks owned by Coastal Cultivars. In addition, other trademarks, product names, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of Coastal Cultivars in the U.S. and other countries, or they may be the property of their respective owners.

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There may be other content available through the Services not owned by Coastal Cultivars, and you should respect those property rights as well.

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All rights not expressly granted herein are reserved to Coastal Cultivars.

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Access Limited

The Services are intended for adults located in the United States and twenty-one (21) years of age or older. If you access the Services outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws and regulations. By using the Services, you agree that information about you may be transmitted to and stored in the United States. Coastal Cultivars reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Coastal Cultivars reserves the right to change, suspend, or discontinue all or any aspects of the Services at any time without prior notice. You are not permitted to violate any laws when using or accessing the Services.

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Coastal Cultivars does not knowingly collect individuals under twenty-one (21) years of age. If you are under 21, do not submit any information to Coastal Cultivars. If a parent, guardian, or other concerned person becomes aware that we have collected information from a minor, please contact us promptly and we will take steps to delete and remove any such information.

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If you register to set up an account or profile on or through the Services and use a username and password or other account access information (“Account”), you will be responsible for all activities occurring under your Account and for keeping your password secure. Coastal Cultivars assumes no responsibility or liability for the violations of anyone using your Account. You shall provide Coastal Cultivars with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Coastal Cultivars at info@coastalcultivars.com of any unauthorized use of your username and password or any other breach of security you know about in relation to Coastal Cultivars or the Services. Any Account holders may cancel their Account(s) at any time by contacting info@coastalcultivars.com. Coastal Cultivars may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts. Under no circumstances will Coastal Cultivars be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

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Sales and Payment Terms

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You may be able to place orders for products available on the Sites or through other Services we provide. When you make a purchase, we may require certain personally identifiable information and payment method information in order to complete your purchases. We may share such information with our third-party payment service providers. You agree to make all applicable payments in connection with any order you place. By placing an order through the Services, you agree that: (1) any credit card, debit card or other payment method information supplied by you is true and complete; and (2) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Coastal Cultivars products purchased by you are for personal or gift use and not for commercial use.

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Coastal Cultivars can withdraw products from being offered through the Services at any time and for any reason. Prices listed through the Services are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold Coastal Cultivars harmless from and against any liabilities, interest, penalties, or fees assessed against you or Coastal Cultivars arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Services are not intended for resale.

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All orders are subject to acceptance by Coastal Cultivars. Coastal Cultivars reserves the right not to accept your order for any reason or no reason. Coastal Cultivars reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.

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Coastal Cultivars or our third-party service providers will pack ordered products in accordance with standard practices. You may be able to choose the method of shipment and timing of delivery for products ordered and will be charged shipping and handling charges accordingly. You acknowledge that all scheduled shipment dates are estimates only. Coastal Cultivars will make reasonable efforts to meet the scheduled shipment dates, but in no event will Coastal Cultivars be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

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If you register or maintain an Account for the Services, continued access to your Account may be conditioned on you maintaining a fully paid up subscription, if applicable. At Coastal Cultivars’ discretion, access to your Account may be suspended or terminated in the event your Account becomes inactive, subscription fees are not paid on time, or for any other violation of the terms of this Agreement.

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User Generated Content

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Certain areas of the Services may allow you and other users to upload or post user generated content (“UGC”) in certain locations, including, but not limited to, areas where you can provide comments and other content as feedback on Coastal Cultivars’ Services. Any UGC you and other users of the Services transmit, post or otherwise make available on or through the Services, which includes any comments, photos, videos, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Coastal Cultivars on a non-proprietary and non-confidential basis. You hereby grant to Coastal Cultivars and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing and advertising Coastal Cultivars’ Services, in any media now known or hereafter developed; and/or (3) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

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You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), Coastal Cultivars may process and disclose such information as necessary to: (1) fulfill our obligations under this Agreement; (2) comply with any applicable legal obligations; (3) avoid any imminent harm to you or another person; (4) carry out tasks in the public interest; or (5) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services.

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If you register to create an Account through the Sites or otherwise use the Services, any data or information which you transmit using the Services (collectively, “Account Data”) will not be used by Coastal Cultivars except as described in this Agreement or our Privacy Policy. You agree that Coastal Cultivars may analyze your Account Data, in combination with the data of other Account holders, to create aggregated and anonymized statistics or data that do not generally identify you and Coastal Cultivars may use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data.

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Coastal Cultivars reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold Coastal Cultivars harmless from any claims resulting from any action taken by Coastal Cultivars during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Coastal Cultivars or law enforcement.

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You acknowledge and agree that Coastal Cultivars may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, without limitation, to address any UGC that Coastal Cultivars determines is inappropriate or disruptive to the Services or to any other user of the Services. Coastal Cultivars has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.

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You represent and warrant to Coastal Cultivars that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

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The transmitting, posting, or making available of UGC on or through the Services does not indicate Coastal Cultivars’ approval or endorsement of such UGC. Coastal Cultivars is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.

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The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Coastal Cultivars a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see https://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to Coastal Cultivars’ designated agent for notice of claims of copyright infringement at

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By mail:

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Coastal Cultivars, Inc.

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399 BOYLSTON STREET, 6TH FLOOR

BOSTON, MA 02116 USA

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By email: info@coastalcultivars.com

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Under the DMCA, notices must include all of the following details:

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i. An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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ii. Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;

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iii. A description of the material that is claimed to be infringing 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 Coastal Cultivars to locate the material, such as its URL;

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iv. Information reasonably sufficient to permit Coastal Cultivars to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

 

v. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

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vi. A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Coastal Cultivars takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.

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If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to info@coastalcultivars.com detailing your allegation. Coastal Cultivars takes infringement of intellectual property rights seriously and will investigate the matter.

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You are solely responsible for all UGC and any other data that you or anyone using your Account uploads on or through the Services. Coastal Cultivars does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.

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Acceptable Use Policy

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In connection with your access to and/or use of the Services, you agree not to:

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  • Violate any federal, state, or local laws or regulations.

  • Discuss, incite, or promote illegal activity.

  • Upload or post anything that imposes an unreasonable or disproportionately large strain on Coastal Cultivars’ network or computer infrastructure.

  • Upload or post any inappropriate or offensive content or language.

  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services.

  • Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services.

  • Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by Coastal Cultivars or other users of the Services.

  • Make unauthorized attempts to modify any information stored through the Services.

  • Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes.

  • Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.

  • Provide false or misleading information through the Services.

  • Use the Services to send spam or unsolicited bulk email.

 

The previous list of prohibitions is not exclusive. Coastal Cultivars reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Coastal Cultivars reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

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Links to Third-Party Sites

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The Services may contain links to other websites, apps, social media platforms, marketplaces or other online services not controlled by or affiliated with Coastal Cultivars. If you use these links, you will leave the Services. Coastal Cultivars provides these links to you only as a convenience. Coastal Cultivars is not in any way responsible for the linked sites or their content including, without limitation, any links displayed on or through such third-party services, nor does Coastal Cultivars warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any linked third-party services at your own risk. The links are not meant to indicate any association with Coastal Cultivars, and Coastal Cultivars does not endorse any linked site or service, or any goods or services promoted or listed on such sites or through such services. If you access or use any linked third-party services, you will be subject to the

terms of use, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms of use of such third-party services before using them.

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Coastal Cultivars also may allow interaction between our Services and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on or through the Services that when used, may allow you to share content from the Services with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons available on or through the Services, Coastal Cultivars is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or services.

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Disclaimer of Warranties

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TO THE EXTENT PERMITTED BY LAW, COASTAL CULTIVARS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES OR COASTAL CULTIVARS CONTENT. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO COASTAL CULTIVARS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE DISCLAIMING PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF COASTAL CULTIVARS CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITES AND ANY RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, AND COASTAL CULTIVARS CONTENT AT YOUR OWN RISK.

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THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SITES AND ANY RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE DISCLAIMING PARTIES DO NOT WARRANT THAT COASTAL CULTIVARS CONTENT, THE SITES, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

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TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY COASTAL CULTIVARS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE DISCLAIMING PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

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Limitation of Liability

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TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE TO ANY USER OF THE SITES, THEIR CONTENT, OR ANY RELATED SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (1) THIS AGREEMENT; (2) THE USE OR INABILITY TO USE THE SERVICES; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (5) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY DISCLAIMING PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE DISCLAIMING PARTY(IES) FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

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SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DISCLAIMING PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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IF YOU ARE DISSATISFIED WITH COASTAL CULTIVARS, THE SITES, ANY RELATED SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

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Indemnification

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You agree to defend, indemnify, and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or Account, as applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.

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Geographic Limitation

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The Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.

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Policies, Modification, and Severability

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Coastal Cultivars reserves the right to make changes to the Services, this Agreement and Coastal Cultivars’ Privacy Policy at any time. Each time you use the Services, you should visit and review the then current Agreement and Privacy Policy that apply to your use of the Services. By continuing to use the Services after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Policy. If you are dissatisfied with the Services, our content, this Agreement or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

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Applicable Law

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By using the Services, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Coastal Cultivars.

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YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for any litigation arising out of or relating to this Agreement or Coastal Cultivars’ Services.

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YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Massachusetts courts.

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YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum.

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Other Provisions

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Coastal Cultivars does not represent that any content available through the Services is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.

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Coastal Cultivars does not guarantee or promise that any information, opinions or recommendations available through the Services are helpful or reliable.

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YOU AGREE THAT COASTAL CULTIVARS IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using any of the products or implementing in any manner any of the information, opinions or recommendations found available through the Services.

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Coastal Cultivars is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Coastal Cultivars’ computer or network systems that may or may not result in the disclosure of Personal Information you provided to us.

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If Coastal Cultivars terminates your access to the Services, Coastal Cultivars also may delete your Account, if you have one. Coastal Cultivars reserves the right to terminate any password-restricted Account for any reason.

Coastal Cultivars’ failure to enforce any portion of this Agreement is not a waiver of such portion.

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The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.

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Coastal Cultivars reserves the right, without notice or reason, to take down or terminate the Services, or otherwise revoke any and all access granted to you related to the Services. You agree that Coastal Cultivars is not liable to you or any other third party for this action.

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Certain software elements of the Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

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Unless otherwise noted, this Agreement, together with our Privacy Policy and any other terms and conditions that appear elsewhere on or through the Services, constitute the entire Agreement of the parties with respect to the Sites and any related Services and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Coastal Cultivars with respect to the Sites and any related Services.

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Contact Information

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You may contact Coastal Cultivars using the following information:

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By mail:

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399 BOYLSTON STREET, 6TH FLOOR

BOSTON, MA 02116 USA

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By email: info@coastalcultivars.com

By telephone: 413-717-4006

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