Terms of Service

These Terms of Service ("Terms") govern your access to and use of the WaterField Farms public website (the "Site"), operated by WaterField Farms, located at 93 Peck Road, Bethany, Connecticut 06524 ("WaterField Farms," "we," "our," or "us"). By accessing or using the Site, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site.

These Terms apply to the public Site only — our home page, About, Our Plants catalog, photo galleries, promotional pages, the New Customer application, our Contact pages, and the Wholesale Access page (including the wholesale panel that approved customers reach after signing in). They do not govern our separate wholesale ordering portal — where wholesale accounts are created and orders are placed — which is subject to its own Portal Terms of Service and Portal Privacy Policy. See Section 11 below.

Section 1 — About the Site and Who May Use It

WaterField Farms is a wholesale grower of annuals, vegetables, perennials, and house plants. The Site is an informational and marketing resource that presents our company, our growing operation, a sample of the plant varieties we grow, photo galleries of our crops, and a means for qualified businesses to request a wholesale account and to contact us.

The Site is intended for the wholesale trade — garden centers, landscapers, retailers, and similar businesses — and for general informational use. We do not sell plants to consumers or to individuals for personal, family, or household use through the Site. By using the Site, you represent that you are at least eighteen (18) years of age and that, where you act on behalf of a business, you are authorized to do so.

Section 2 — Catalog, Photos, Availability, and Pricing Are Informational Only

Plant varieties, descriptions, photographs, sample plant lists, availability indications, and any pricing that may appear on the Site are provided for general information only. They are seasonal, change frequently, and are presented on an "as available" basis. Nothing on the Site constitutes an offer to sell, a guarantee that any item is or will be in stock, or a guarantee of any particular price.

Binding availability, current wholesale pricing, and orders are established only through our wholesale ordering portal or directly with our staff, and are governed by the Portal Terms of Service. We may correct any errors, inaccuracies, or omissions on the Site and may change or update content (including varieties, descriptions, photos, and any pricing) at any time without notice.

Section 3 — New Customer Applications

The Site allows qualifying businesses to apply for a wholesale account by completing our New Customer application and submitting supporting documents, which may include a Connecticut Sales & Use Tax (resale) certificate, our new customer form, and a credit application. Submitting an application does not create an account, guarantee approval, or entitle you to place orders. Wholesale access is granted only after WaterField Farms staff review and approve your request, at our sole discretion.

By submitting an application, you represent and warrant that you are authorized to act on behalf of the business identified, that all information and documents you provide are truthful, accurate, and current, and that you have the right to share them. If your application is approved, your subsequent use of the wholesale ordering portal will be governed by the Portal Terms of Service.

Section 4 — Your Submissions

When you submit information through the Site — including application details, uploaded documents, or messages you send us — you grant WaterField Farms a non-exclusive, royalty-free license to use, store, reproduce, and process that material for the purpose of evaluating your request, responding to you, operating the Site, and conducting our business, consistent with our Privacy Policy. You are responsible for the accuracy and lawfulness of everything you submit, and you agree not to upload content that is unlawful, infringes the rights of others, or contains malware. Do not submit another party's confidential or personal information unless you are authorized to do so.

Section 5 — Acceptable Use

You agree to use the Site only for its intended, lawful purposes. You shall not: (a) access or attempt to access any account, data, or area of the Site (including the admin console or wholesale portal) that you are not authorized to access; (b) interfere with, disrupt, probe, or test the vulnerability of the Site or its underlying systems; (c) introduce any virus, malware, or other harmful code; (d) use any automated means, such as bots or scrapers, to access, harvest, or copy content or images from the Site without our prior written consent; (e) reverse engineer or attempt to derive source code from the Site; or (f) use the Site, our catalog, our photographs, or any availability or pricing information to compete with WaterField Farms or to disclose such information to unauthorized third parties.

Section 6 — Intellectual Property and Photography

The Site and all of its content — including text, graphics, logos, page designs, plant catalogs and descriptions, availability and price lists, sample plant lists, downloadable documents, published photo galleries, and in particular the photographs and other images displayed on or made available through the Site — are the property of WaterField Farms or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. The photography on this Site is original creative work and is a valuable asset of WaterField Farms.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your own legitimate business evaluation. No other rights are granted. You may not copy, download, reproduce, republish, distribute, display, modify, or use any images, documents, or other content from the Site — in whole or in part, for commercial or any other purpose — without our prior express written permission. All rights not expressly granted are reserved.

Certain materials — such as our catalogs, availability lists, price lists, and published photo galleries — may be made available to approved wholesale customers for download or reference through the Site's wholesale resources area. These materials remain the confidential property of WaterField Farms and are provided to you solely for your own internal business and purchasing decisions. You may not republish, redistribute, forward, post, resell, or otherwise share them with any third party, or use them to compete with WaterField Farms, without our prior written permission. Materials you access through our separate ordering portal are additionally governed by the Portal Terms of Service.

Section 7 — Third-Party Services and Links

The Site relies on third-party infrastructure to operate, including Google Firebase (authentication, database, and file storage), Google Analytics, and our hosting provider. The Site may also contain links to third-party websites or resources. We do not control and are not responsible for the content, products, or privacy and security practices of any third party. Your use of third-party services and sites is at your own risk and subject to their terms. Our handling of data is described in our Privacy Policy.

Section 8 — Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WATERFIELD FARMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any catalog, description, photograph, availability, or pricing information on the Site is accurate, complete, or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Section 9 — Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATERFIELD FARMS, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

Section 10 — Indemnification

You agree to indemnify, defend, and hold harmless WaterField Farms and its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Site; (c) your violation of any applicable law or the rights of any third party; or (d) any content or information you submit through the Site.

Section 11 — The Wholesale Ordering Portal Is Separate

The Site includes a wholesale panel that approved customers reach by signing in. Logging in requires valid wholesale account credentials. Wholesale accounts are created and managed through our separate wholesale ordering portal (where orders are placed), and your account, ordering, pricing, payment, and delivery are governed by the Portal Terms of Service and the Portal Privacy Policy, not by these Site Terms. Because the same credentials are used to sign in to both, you are responsible for maintaining the confidentiality of any login credentials you use and for activity conducted through your session. If there is any conflict between these Terms and the Portal Terms with respect to your wholesale account or the ordering portal, the Portal Terms control for that purpose.

Section 12 — Modifications to These Terms

We reserve the right to revise, update, or replace these Terms at any time. Changes take effect upon posting of the updated Terms on this page, with an updated effective date. Your continued use of the Site following any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Section 13 — Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. The parties will first attempt to resolve any dispute informally by contacting one another. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that is not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in New Haven County, Connecticut, and each party consents to personal jurisdiction and venue in those courts. To the extent permitted by law, each party waives any right to a trial by jury and agrees that any claim must be brought in an individual capacity and not as part of any class or representative proceeding.

Section 14 — General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WaterField Farms regarding the Site and supersede all prior understandings regarding the Site. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) shall survive.

Section 15 — Contact Information

Questions regarding these Terms of Service may be directed to WaterField Farms at:

• Mailing Address: 93 Peck Road, Bethany, CT 06524
• Telephone: (203) 393-1383 (voice or text)
• Email: [email protected]

View our Privacy Policy for information about how we handle your data.