As much as our minds are focused on seed varieties for next year, there is a world of regulation and obligations out there. We appreciate your visit to the site, and want you to know what we are doing to make sure your privacy is respected and that we are all on the same page with regards to liability, proper use, and so forth. Click on one of the following to jump to that section: privacy policy and terms & conditions. Enjoy.

Privacy Policy

At TomatoMountain.com, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member is used to process your orders and to provide a more personalized experience on our site. Our site uses a 128-bit encrypted SSL to increase the security of our customer’s information. However, we, Tomato Mountain Farm, do not guarantee complete security on stored information, however, we have installed and applied our encrypted pages and installed our SSL certificate to prevent stolen information.

How Do We Use the Information We Collect? When you become an TomatoMountain.com member, we ask you to fill out a form that requests your name, address and e-mail address as well as some demographic information such as gender and date of birth. TomatoMountain.com will NOT share this data with third-parties for purposes other than order fulfillment or as required by law. Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment. Your demographic information (gender, date of birth, etc.) will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your credit cards and not someone using your stolen credit cards.

Refer-A-Friend. If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. TomatoMountain.com does not store this information and uses it for the sole purpose of sending this one-time email.

Our Use of Log Files. When you visit our site we automatically log your IP address, your browser type, and other internet statistics. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information, and are deleted on a regular basis.

Site Security. All TomatoMountain.com employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel. The information is ID and password protected and our Web security is reviewed on a monthly basis. We have also installed and implied our site with a 128 bit encryption SSL.

Correcting/Updating Your Personal Information. After becoming a TomatoMountain.com subscriber you may correct/update your personal information by clicking on the 'My Account' link at the top of any store page, entering your ID, password and birth date when prompted and clicking the Edit Information button. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact us through the Contact Us section.

Links To Other Sites. This Web site contains links to other Web sites. Please note that when you click on one of these links, you may be leaving the TomatoMountain.com site and entering another Web site. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.

Communication. From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes such as confirming registration. Administrative e-mails will not contain promotional materials. If you choose to receive our Newsletters, they will contain promotional materials from TomatoMountain.com.

Legal Disclaimer. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Supplementation. We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive their orders in as timely a fashion as possible.

Our Use of Cookies. Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. The ability to use all the features of our site is not cookie-driven. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

1.Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2.Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3.Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Tomato Mountain Farm in its sole discretion. If membership has been revoked, Tomato Mountain Farm reserves the right to refuse application or readmission to the membership program.

4.Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5.Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

6.Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

7.Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

8.Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

9.Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

10.Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

11.Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

12.Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

13.Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

14.Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

15.Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

16.Return Policy. Due to the nature of our online site, and the products listed, Tomato Mountain Farm has a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund.

17.Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF GREEN COUNTY, WISCONSIN OR THE CORRESPONDING UNITED STATES DISTRICT COURT. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT BROOKLYN, WISCONSIN OR WISCONSIN'S 2ND CONGRESSIONAL DISTRICT IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Tomato Mountain Farm, in the State of Wisconsin, USA. As such, the laws of Wisconsin will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

18.Lapsed Accounts: In order to keep Tomato Mountain Farm's membership roster current, if a Member does not access his or her account for a period of 120 days or more, Tomato Mountain Farm may, in its sole discretion, terminate such Member's account. Tomato Mountain Farm will endeavor to notify a Member of Tomato Mountain Farm intent to terminate such Member's account by notice to such Member's provided email address at least 15 days prior to deactivation. If the Member fails to respond to such email notice after it is sent by Tomato Mountain Farm, such Member's account will be terminated as noted above. Therefore, Tomato Mountain Farm strongly recommends that all Members keep their accounts and contact data current and in use. While Tomato Mountain Farm desires to prevent active accounts from being terminated prematurely, Tomato Mountain Farm has no obligation to maintain accounts that appear to Tomato Mountain Farm to have been abandoned. Each Member agrees that failure to access his or her account for 360 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

19.Verify Members' Address: Tomato Mountain Farm reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Tomato Mountain Farm.