Terms of Service

Modern Way Gardens Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Modern Way Gardens website, including its content, commercial inquiry forms, communications, product information, and information concerning hemp products, plant material, biomass, cultivation services, hydroponic systems, and related commercial activities.

By accessing or using this website, you agree to these Terms. If you do not agree, please discontinue use of the website.

Modern Way Gardens operates as a commercial agricultural and cultivation company:

• Business Name: Modern Way Gardens
• Business Address: 84 Walcott Street, Stow, Massachusetts 01775, USA
• Email: info@modernwaygardens.com
• Phone: +1 978-571-6139

These Terms should be updated if the legal entity, business structure, address, or applicable operating information changes.

Modern Way Gardens operates in the agricultural and cultivation sector and may offer or support activities including:

• Rooted hemp plant material
• Hemp propagation and cloning
• Commercial hemp biomass
• Hydroponic systems
• Cultivation consulting and technical support
• Cultivation-system support
• Equipment coordination or supply, where applicable
• Maintenance and operator training, where applicable

Website content is provided for general informational purposes. Descriptions, specifications, photographs, availability statements, project examples, technical information, and other website materials may be updated or changed without notice. Website content does not constitute a binding offer, purchase order, supply agreement, consulting agreement, project agreement, financing commitment, or other contract unless expressly incorporated into a separate written agreement signed by the appropriate parties.

Submitting a contact form, clone inquiry, biomass inquiry, cultivation consultation request, hydroponic-system inquiry, partner inquiry, vendor inquiry, or other website submission does not create:

A binding relationship exists only when the applicable parties execute the required written agreement.

Products and services may be limited to qualified commercial customers and business users. Modern Way Gardens may request information reasonably necessary to evaluate an inquiry, including:

• Company information, buyer/operator type, and business location
• Intended commercial use and delivery destination
• Applicable license information and supporting documentation
• Product requirements, facility information, and project scope

Customers, buyers, operators, partners, and other users are responsible for obtaining and maintaining licenses, permits, registrations, approvals, and authorizations applicable to their activities. Where applicable, users are responsible for complying with federal, state, local, tribal, transportation, agricultural, environmental, product, processing, and other legal requirements.

Massachusetts requires a license for persons proposing to plant, grow, harvest, or process industrial hemp in the Commonwealth, subject to the applicable program and requirements.

Product availability is subject to current inventory, cultivar availability, propagation schedules, biomass inventory, source-lot status, geographic limitations, testing status, client qualification, applicable regulatory requirements, and supply-chain conditions.

Listing a product on the website does not guarantee that it is in stock, reservable, shippable, or available to every buyer.

Where rooted hemp clones are offered, the applicable order documentation may identify:

• Cultivar, format, and quantity
• Lot or batch information
• Approximate plant stage or age
• Lead time and delivery/pickup arrangements
• Applicable documentation and commercial terms

Clone specifications are determined by the applicable order or product documentation. Shared genetics can provide a more uniform starting point, but plant performance and final crop characteristics remain affected by environment, nutrition, cultivation practices, plant care, transportation, acclimation, and other factors.

Where rooted plant material is shipped or transferred, the applicable order terms should define the expected condition at pickup or delivery. Buyers should inspect plants promptly after receipt for:

• Shipping damage and packaging condition
• Plant condition and moisture condition
• Root development
• Visible pest or disease concerns

Any apparent transit or condition issue must be reported within the period specified in the applicable order terms. Failure to report an issue within that period may affect available remedies, subject to applicable law and the written agreement.

The buyer is responsible for appropriate receiving, handling, acclimation, environmental management, irrigation, nutrition, plant care, and cultivation following delivery or pickup unless a separate written service agreement provides otherwise.

Transportation conditions, receiving conditions, environmental changes, and cultivation practices can affect plant condition and development. No guarantee is made regarding subsequent crop performance.

Where hemp biomass is offered, material may be sourced from:

• Modern Way Gardens Cultivation Activities, or
• Qualified Third-Party Cultivation Partners, depending on the applicable lot.

The source of the specific lot should be identified in applicable commercial documentation where required. Biomass availability, specifications, testing, packaging, storage, pricing, and delivery terms may vary by lot.

Where applicable, a commercial biomass transaction may identify:

Only the specifications documented for the applicable lot should be relied upon. Natural agricultural variation does not by itself establish a breach unless the applicable written agreement provides otherwise.

Where applicable, products may be identified by a lot, batch, shipment, production, or other reference number. Where Massachusetts regulatory requirements apply, each individual hemp variety by planting location is treated as a lot under the state program, and applicable testing and certification requirements apply.

Buyers should rely on the documentation associated with the specific lot rather than general website descriptions.

Where testing is required or included in a transaction, Modern Way Gardens may provide or coordinate applicable laboratory testing, including regulatory hemp testing or other analyses agreed upon for the transaction.

A Certificate of Analysis (“COA”) applies only to the sample, lot, or material identified in the applicable laboratory documentation and should not be interpreted as a guarantee for unrelated material.

Depending on the product or service, applicable documentation may include product specifications, lot/batch records, COAs, hemp certificates, weight records, supplier information, shipping records, chain-of-custody data, project documents, and facility records.

Not every document is available for every product or transaction. The documents applicable to a transaction should be confirmed before the transaction is finalized.

Where samples are available, sample requests are subject to product availability, lot availability, buyer qualification, sample quantity, shipping limitations, and applicable terms.

A sample is representative only of the material identified or provided and does not necessarily represent future inventory or other lots. Sampling does not constitute a guarantee of commercial inventory.

Where agreed in writing, a buyer may have inspection or acceptance rights concerning a commercial biomass shipment. Acceptance criteria should be established before shipment and may address lot identity, quantity, moisture, physical condition, foreign material, testing, and packaging.

Where a buyer believes material does not meet an agreed specification, the buyer must follow the rejection procedure stated in the applicable commercial agreement. A rejection notice may require order number, lot number, date received, written description of the issue, photographs, supporting documentation, and testing information within the applicable period.

No rejection or remedy is created solely by these website Terms unless expressly incorporated into the applicable transaction agreement.

Pricing may depend on product availability, quantity, specifications, lot characteristics, destination, shipping, project scope, equipment requirements, labor, materials, testing, and other transaction-specific factors.

Website pricing or indicative information is not a binding offer unless expressly stated otherwise. Quotes expire according to their stated validity period. Only a signed written agreement or confirmed order establishes final commercial terms.

Where applicable, Modern Way Gardens may require a deposit or other payment before reserving plant material, biomass, equipment, project time, or other resources. Reservation periods, deposits, refunds, cancellation rights, and forfeiture conditions must be stated in the applicable order or written agreement. No reservation is effective merely because an inquiry has been submitted.

Cancellation rights and fees, if any, will be governed by the applicable written order, proposal, or service agreement. Customized, reserved, prepared, perishable, or otherwise committed products may be subject to different cancellation terms.

Delivery dates are estimates unless expressly guaranteed in a signed written agreement. Delivery may be affected by carrier delays, weather, regulatory requirements, transportation restrictions, supply limitations, documentation issues, customs, and force majeure events.

Risk of loss, title transfer, shipping responsibility, inspection rights, and insurance obligations should be stated in the applicable commercial agreement.

After delivery or transfer, the buyer is responsible for storing products according to applicable product requirements and written instructions. For plant material, this includes appropriate environmental conditions, receiving procedures, irrigation, acclimation, and care. For biomass, this includes appropriate temperature, humidity, moisture protection, packaging integrity, and sanitation.

Where hydroponic-system services are offered, project scope may include facility assessment, system planning, concept layouts, equipment schedules, irrigation planning, control strategies, installation coordination, commissioning, maintenance, and operator training.

The exact role of Modern Way Gardens—consultant, designer, equipment provider, installer, project coordinator, or maintenance provider—must be defined in the applicable written agreement.

Certain project activities may require licensed electricians, plumbers, engineers, contractors, or other regulated professionals. Where required, such work must be performed by appropriately licensed professionals or qualified project partners.

Unless expressly agreed in writing, Modern Way Gardens does not represent that it is the licensed professional responsible for every regulated component of a cultivation-system project.

Cultivation consulting and technical support may include assessments or recommendations concerning plant propagation, irrigation, nutrition, environmental conditions, crop scouting, sanitation, biosecurity, IPM, SOPs, maintenance, and staff training.

Agricultural production is affected by numerous variables beyond the Company's control. No website statement, consultation, product specification, clone, biomass lot, system design, recommendation, or training program guarantees:

Past results are not guarantees of future performance.

Once a product or plant material is transferred, the buyer is responsible for its possession, transport, storage, processing, cultivation, handling, resale, and other use in accordance with applicable law. A product lawful in one jurisdiction may not be lawful in another. The buyer is responsible for determining requirements applicable to its intended use and destination.

Commercial information exchanged during an inquiry or engagement may include confidential business information, project plans, facility information, product specifications, pricing, or operational data. Each party should protect confidential information received according to applicable confidentiality or nondisclosure agreements. These Terms do not replace a separate confidentiality agreement.

If you submit documents, images, facility plans, COAs, business records, license information, project materials, or other content, you represent that:

• You have the legal right and authorization to submit the material.
• The information is accurate to the best of your knowledge.
• Submission does not knowingly violate another party's rights.

You grant Modern Way Gardens a limited right to review submitted information solely as reasonably necessary to evaluate and respond to the inquiry or provide requested services. Modern Way Gardens does not acquire ownership of your underlying business documents solely because you submit them.

Unless otherwise stated, website content—including text, trademarks, logos, graphics, photographs, videos, layouts, and original materials—is owned by Modern Way Gardens or its licensors. You may not reproduce, distribute, modify, republish, scrape, sell, or commercially exploit protected website content without written permission, except as permitted by law.

Modern Way Gardens may coordinate with or reference third parties including laboratories, partner farms, equipment providers, installers, licensed trades, engineers, shipping providers, and compliance professionals. Unless expressly stated in a written agreement, Modern Way Gardens does not guarantee the performance, products, services, availability, or compliance of third-party providers.

Modern Way Gardens is not responsible for delay or failure caused by events beyond its reasonable control, including severe weather, natural disasters, fire, flood, utility failures, equipment failures, transportation disruptions, supplier shortages, labor disruptions, government action, regulatory changes, or public emergencies. The affected party will use commercially reasonable efforts to mitigate impact where practical.

To the fullest extent permitted by law, website information and general commercial descriptions are provided on an “as is” and “as available” basis. Modern Way Gardens does not warrant that:

• Website information is complete or error-free.
• Every product or service will remain available.
• Website content will always be current.
• A product will achieve a particular commercial result.
• A cultivation recommendation will produce a particular crop outcome.
• A hydroponic system will produce a particular yield or efficiency result.

Nothing in these Terms excludes any warranty or right that cannot legally be excluded.

To the fullest extent permitted by applicable law, Modern Way Gardens will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from website use, delays, agricultural conditions, crop outcomes, processing results, third-party services, or other matters. Any contractual limitation of liability applicable to a specific transaction will be governed by the applicable written agreement.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Modern Way Gardens and its personnel from claims, losses, liabilities, costs, and expenses arising from:

• Your unlawful use of products or services
• Your breach of these Terms or violation of applicable law
• Your misuse of plant material, biomass, equipment, or documentation
• Your infringement of another person's rights
• Information you knowingly submit that is materially false or unauthorized

You agree not to:

• Use the website for unlawful activity or submit fraudulent/misleading information.
• Attempt unauthorized access to website systems or introduce malicious code.
• Interfere with website security or operation.
• Scrape or systematically extract protected content without authorization.
• Use another person's identity or credentials without permission.

Your use of the website is also subject to the Modern Way Gardens Privacy Policy, which explains how personal and commercial information may be collected, used, disclosed, retained, and protected.

These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any legal action arising from these Terms or website use shall be brought in Massachusetts, unless applicable law requires another venue.

Modern Way Gardens may update these Terms when its website, products, services, business practices, technology, legal obligations, or regulatory environment changes. Updated Terms will be posted on this page with a revised Effective Date. Continued website use after an update constitutes acceptance of the revised Terms.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

These website Terms govern general website use. Where a separate signed agreement exists for products, biomass, plant material, consulting, hydroponic systems, equipment, or other services, the specific written agreement controls to the extent of any conflict.