Terms & Conditions of Use
Effective Date: November 1, 2019
What is a Terms and Conditions of Use agreement? It defines the rules, requirements, acceptable behavior, and other useful terms you, the user, must agree to before using our website. A Terms and Conditions of Use agreement maintains our right to terminate your access to our website. Now for the nitty gritty details…
All content of this website is owned by Vital Farms Inc. We may refer to our website as the “Site” to keep this short and sweet. By accessing or using this website, you are agreeing to comply with these Terms and Conditions. If you don’t agree with these Terms and Conditions, we’re politely asking you to leave the website. We have the right to update these Terms and Conditions at any time.
About the Content
All right, title and interest in this Site, including the content management system, software and code that operates this Site, and all of the text, photographs, images, logos, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through this Site (collectively, “Content”) are owned by us or other owners who may be indicated. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and/or other intellectual property laws.
You may download Content only for personal non-commercial use, but only if you do not remove, modify or obscure any copyright, trademark or other proprietary notices from the Content you download. In other words, you’re not allowed to modify or copy our content.
Vital Farms company names and logos, all product and service names, all graphics, all button icons, and all trademarks and service marks appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Vital Farms (the “Vital Farms Marks”). You are not authorized to display or use the Vital Farms Marks in any manner without our prior written permission. The use or misuse of the Vital Farms Marks is expressly prohibited. So please, don’t use them without asking us first.
Vital Farms will use reasonable efforts to include up-to-date and accurate information in this website, but we make no guarantees as to the accuracy, currency, or completeness of the information provided. Vital Farms shall not be liable for any damages or injury resulting from your access to, or inability to access, this website, or from your reliance on any information provided on this website.
The information presented on or through this Site is made available solely for general information purposes. Information you read or see on this Site is not intended to be used for any purpose other than general information about Vital Farms and its products and services. Information is general in nature and may be helpful to some persons but not others, depending on personal needs. Though we think our products make a great addition to any diet, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Review, Comments, Communications and Other “Stuff”
You agree you will not send any message or material that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Vital Farms will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms of this section. So, just don’t do it.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any message, material or other content. Vital Farms has the right (but not the obligation) to monitor and edit or remove any content. Vital Farms takes no responsibility (and assumes no liability) for any stuff sent or communicated by you or any third party.
If you do submit stuff, and unless we indicate otherwise, you grant Vital Farms a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such stuff throughout the world in any media. You give Vital Farms and its sublicensees the right to use the name that you submit in connection with such stuff, if they choose. You represent and warrant that you own or otherwise control all of the rights to the stuff that you share (insert pinkie swear here); that the stuff is accurate; that use of the stuff you supply does not violate this policy and will not cause injury to any person or entity; and that you will defend, indemnify and hold Vital Farms and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees harmless for all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, incurred by Vital Farms as a result of your failure to comply with these terms and conditions.
For Adults Only
Vital Farms only sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Vital Farms products or services only if you get a parent or guardian to help. Vital Farms reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Some of the articles, information, and other materials available through this Site may be provided to us by third parties. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us and we are not responsible for such materials. We do not warrant or represent that these materials are current, accurate, complete or reliable.
If there is a dispute between persons accessing this Site and any third party, you understand and agree that we are under no obligation to become involved. We prefer to stay out of such arguments. If there is a dispute, you will agree to release Vital Farms and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries from claims, demands, and damages connected with the dispute between you and any third party.
This website may provide links or references to other sites but Vital Farms has no control or responsibility for the content of these other sites and is not liable for any damages or injury arising from that content. Any links to other sites is provided merely as a convenience to the users of this website.
Special Terms and Conditions Governing Special Promotions, Features or Functionality
This Site may include special promotions, functionality or features. For example, you may be able to use this Site to enter an exciting sweepstakes or contest, to purchase awesome products or apply for a job at the best company around. These special promotions, functionality and features may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use. If special terms and conditions apply, we will post appropriate notices on the entry form, the order form or the registration page. These notices supplement or amend these Terms and Conditions and are hereby made part of these Terms and Conditions.
Use of This Site Outside the United States
This Site is intended for use by individuals who reside within the United States and has been designed to comply with United States law. This Site and the Content, products and services on this Site may not comply with the laws of any other country and may not be appropriate for outside of the United States. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws.
When you use any Vital Farms products or services, or send e-mails to us, you are communicating with us electronically (our lawyers are making us say this even though it is the 21st century). We will communicate with you by e-mail or by posting notices on this site or through the other Vital Farms products or services. You agree to receive communications from us electronically and that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Vital Farms respects the intellectual property of others. We’re not fans of copycats. If you believe that your work has been copied by Vital Farms and appears on this Site in a way that constitutes copyright infringement, 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 the notice of claims of copyright infringement to the Vital Farms’ Copyright Agent at:
Vital Farms, Inc.
3601 S. Congress Ave, Suite C100
Austin, Texas 78704
Please note that the procedure above is exclusively for notifying Vital Farms that your copyrighted material has been infringed by Vital Farms.
Got a Dispute?
By using this Site, you agree that any dispute or claim relating in any way to your use of this Site, your use of any Vital Farms products or services, or with respect to any products or services sold or distributed by Vital Farms, will be resolved by binding arbitration in Austin, Texas, rather than in court. 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 terms and conditions of use as a court would.
To begin an arbitration proceeding against Vital Farms, you must send a letter requesting arbitration and describing your claim to the following:
Vital Farms, Inc.
Attn.: Legal Dept.
3601 S. Congress Ave, Suite C100
Austin, Texas 78704
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
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. 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 this Site or any Vital Farms products or services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Vital Farms. Any claim or cause of action arising out of or relating to these Terms and Conditions, or the Vital Farms website, must be brought within one (1) year after the claim or cause of action arises. (We don’t like things to linger.) Exclusive jurisdiction and venue for any dispute or claim arising out of or relating to the parties’ relationship, these terms and conditions, or the Vital Farms website, shall be with the arbitrator and/or courts located in Austin, Texas. We like to keep things local. The judgment of the arbitrator may be enforced by the courts located in Austin, Texas, or any other court having jurisdiction over you.
Miscellaneous Lawyer Mumbo Jumbo
If any provision of these Terms and Conditions are held to be invalid or unenforceable, the invalid or unenforceable provision shall be modified to the minimum extent necessary in order to render it valid or enforceable. If such modification is not possible, the invalid or unenforceable provision shall be struck, and the remaining terms and conditions shall be enforced as written. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior oral or written agreement pertaining thereto.
Basically, what the paragraph above says is that everything we’ve written in the Terms & Conditions of Use is valid and if it isn’t, it can be modified to make it valid. If that provision can’t be made valid, then it can be removed, leaving everything else, which can still be enforced. Headings are only there only to help you find information in this ridiculously long document. If we don’t come after you for doing something the first time that doesn’t agree with these Terms & Conditions of Use, it doesn’t mean we won’t go after you the second time, or against others if they do the same. Lastly, the paragraph above says that document overrules any other prior written or verbal agreements between us. Make sense?
Go ahead and contact us if you have questions or just want to say “Hi!” Here’s the best way to reach us:
Vital Farms Inc.
3601 S. Congress Ave, Suite C100
Austin, Texas 78704