OUR TERMS OF SERVICE
This contract is a legal instrument between the Buyer and the Seller. The Buyer represents that they have read and understand this Agreement and that the Grower/Seller has not made any other warranties or representations, express or implied. This Contract contains the full text of the terms and conditions governing the matters discussed in this Contract, and the Buyer and the Seller agree that no additions or modifications to this Contract will be permitted unless made in writing and signed by the Buyer and the Seller.
The Seller disclaims any implied warranties of merchantability and any implied warranties of fitness for a particular purpose. No employee, agent, or other representative of the Seller is authorized to make additional express warranties or modify the terms of this Agreement.
Alternative Dispute Resolution. For any claim or dispute between the Buyer and the Seller relating to this Agreement, the sale hereunder, and the Animal covered by this Agreement, the following mandatory and binding dispute resolution procedure shall apply and shall be the exclusive procedure for presenting and determining any claim between the parties. Any claim, complaint, or dispute by the Buyer (collectively, "Claim") must be directed to the Seller in writing, along with an explanation of the legal basis for the claim. Within 20 days of the Buyer's filing of the Complaint.
Buyer understands the difference between this alternative dispute resolution process and a court proceeding and prefers this alternative as it is likely to be more efficient and effective in resolving disputes and is less costly than a court proceeding.
In the event of any arbitration or formal dispute between the parties covered by this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees. Seller is also entitled to recover all reasonable attorneys' fees incurred in enforcing its rights under this Agreement or in responding to Buyer's unjustified or unfounded complaint, whether or not a formal dispute arises between the parties.
Non-disparagement. Buyer agrees not to publish or make oral or written statements that disparage Seller or Seller's owners, officers, employees, consultants, agents, or representatives. Disparagement statements include, but are not limited to, those that (i) are derogatory, unfavorable, or disparaging; (2) are slanderous, abusive, or defamatory; or (ii) portray Seller in a negative light.