Terms of Use

1.1. Acceptance Through Using or Accessing the Services. Please review the Agreement very carefully before accessing or using our Services. By clicking on "accept" or "agree" to this Agreement when prompted or using/ continuing to use our Services, you acknowledge you have read and understand and agree to be bound by the terms and conditions of this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of this Agreement for your records. If you do not agree to all the terms and conditions of this Agreement, then you may not use or access any Services. If this Agreement is considered an offer, acceptance is expressly limited to this Agreement.

1.2. Eligibility Requirements to Use or Access the Services. To use the Services you must be, and represent and warrant that: (i) you are (a) at least the age of majority in your state, province or jurisdiction of residence, and (b) a resident of the United States; (ii) you have all necessary rights, power, authority, and capacity to enter into this Agreement and perform your obligations hereunder; and (iii) nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.

1.3. Geographic Restrictions. Company is based in the United States, and the Services are offered for use only to persons located in the United States. You represent and warrant to Company that by choosing to access and use the Services you are located in the United States. In the event you are not located in the United State, please immediately stop using the Services. Company makes no representations or warranties that the Services or any of its content are accessible, appropriate, or in compliance with any laws or regulations outside of the United States. For clarity and the avoidance of doubt, Company is a United States domestic organization and does not avail itself of the laws of any foreign (non-United States) jurisdiction, including, but not limited to, the European Union and the General Data Protection Regulation ("GDPR").

1.4. Privacy Policy. Please refer to our Privacy Policy for information about how we collect, use, store, and disclose your personal information.

2.1. The Services. The Services offers services to three types of users: (i) if you are selling products through our Services (e.g., a farmer) ("Seller"); (ii) if you are purchasing products through the Services (e.g., an individual consumer) ("Buyer"); and (iii) if you are facilitating the aggregation, storage, processing and/or distribution of locally/regionally produced food products (e.g., Pick-up Event Host (as defined in Section 4.1.8), Delivery Providers (as defined in Section 4.3) food hub, or food aggregator) ("Distribution Provider"). The Services provide a venue for (a) Buyers to discover and purchase healthy and sustainable food from Sellers and (b) Distribution Providers to facilitate the purchase and sale of healthy and sustainable food with Buyers and Sellers. Depending on the context of their activities, Distribution Providers may be considered a "Seller" and/or "Buyer" or "Pick-up Event Host" for purposes of this Agreement. Please note that we are not a part of that Buyer-Seller transaction. By using the Services you are not buying directly from us, but from one of the many Sellers who use the Services, and therefore Company is not liable for any damages or loss as it relates to such buying activities. For example, a Distribution Provider may have entered into a separate agreement with a Seller for the purchase of food, but such Distribution Provider and Seller may utilize the Services to facilitate the distribution of the food; in such instance you are not buying directly from us.

Though we may pre-screen Sellers, we do not represent or warrant, guarantee, or endorse any products sold on the Services or any content posted by Sellers (such as photographs or language used in listings or shop policies). Images of products on the Services are examples only and may not be identical to the product you receive from a Seller. Any difference may be due to your device's display of colors or factors such as the Seller, the area of the Seller's operation, and the season of the year. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period of time. Any offer for any Service is void where prohibited.

2.2. Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services' descriptions, pricing, promotions, offers, Services shipping charges, transit times, and availability. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

2.3. Third-Party Websites and Providers. Certain content, products, and services available via the Services may be provided by third parties, include materials from third-parties or provide you with access to third-party tools, services, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third-parties. The ideas, opinions and views expressed by third parties utilizing the Services or in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views of the view of other users of the Services.

You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s). If you connect to the Services via a third-party service or website, you grant us permission to access and use your information from such service or website, as permitted by that service, to store your login credentials for that service.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party's permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

3.1. Creating an Account. If you wish to participate in the Services you may be required to register for an account ("Account"). Please note, Company may have different types of accounts for different users such as, but not limited to seller, wholesale buyer, food hub, and individual buyer. It is up to you to determine which type of account is most appropriate for your individual needs. By creating an Account, you agree to (i) provide accurate, current, and complete registration information about yourself, (ii) maintain and promptly update as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Account.

3.2. Account Responsibilities.

3.3. Company May Suspend Accounts. Company reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) there is reasonable suspicion by us that the person logged into your Account(s) is not you, (ii) we discover you have created multiple Accounts for the same user, (iii) you buy, sell, rent, or lease access to your Account or username, (iv) you share your Account password with anyone, (v) you login or attempt to login to access your Account through an unauthorized third-party application or client, (vi) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes, or (vii) or your violation of this Agreement. Under no circumstances shall Company or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).

3.4. Deletion of an Account. You may delete your Account at any time, for any reason, by following the instructions on the Website. Company has the absolute and unrestricted authority to delete or modify inactive Accounts, at any time, with or without notice. Accounts that have not conducted any transactions on the Services for six (6) months may be deleted without notice.

3.5. Use Restrictions. You agree to use the Services only for purposes that are legal, proper, and in accordance with this Agreement and any applicable laws or regulations. Without limitation, you may not, and may not allow, assist, or encourage any third-party to: (i) send, upload, distribute, or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation; (iii) distribute viruses, malware, spyware, adware, ransomware, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive, malicious, or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Company, other users, or any other person; (vii) provide false, inaccurate, or misleading information; (viii) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (ix) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion, or money laundering); (x) interfere with another individual's or entity's access to or use of the Services; (xi) defame, abuse, extort, harass, stalk, threaten others; (xii) incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; (xiii) harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent; (xiv) exploit the Services for any unauthorized commercial purpose; (xv) modify, create derivative works, adapt, translate, disassemble, reverse compile or reverse engineer any portion of the Services; (xvi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (xvii) reformat or frame any portion of the Services; (xviii) display any content on the Services that contains any hate-related or violent content, or contains any other material, products, or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xix) use any robot, spider, site search/retrieval application, or other device to retrieve, compile or index any portion of the Services or the content posted on the Services, or to collect information about its users, for any unauthorized purpose (including to create or compile a database, compilation, collection, or directory of content or data from the Services); provided, however, that Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials; (xx) create user accounts by automated means, or under false or fraudulent pretenses; (xxi) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or services; (xxii) send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise; or (xxiii) violate or otherwise circumvent the security of the Services in an attempt to gain unauthorized access to, or otherwise interfere with the proper working of, the Services or other systems or networks connected to the Services.

3.6. Communications. Company may communicate with you using email, phone calls, chatbots and text messages, including autodialed or prerecorded calls and text messages, at any email address or telephone number that you provide us, to: (i) notify you regarding your Account; (ii) provide customer support; (iii) troubleshoot problems with your Account; (iv) resolve a dispute; (v) collect a debt; (vi) poll your opinions through surveys or questionnaires; or (vii) as otherwise necessary to service your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4.1. For Sellers Using the Services. In addition to all other applicable terms and conditions in this Agreement and the Privacy Policy, the following obligations and restrictions set forth in this Section 4.1 apply to you if you are operating as a Seller.

4.2. For Buyers Using the Services. In addition to all other applicable terms and conditions in this Agreement and the Privacy Policy, the following obligations and restrictions set forth in this Section 4.2 apply to you if you are operating as a Buyer.

4.3. Third-Party Delivery Services. The products on our Services may be available for delivery to Buyers via third-party delivery providers (Delivery Providers), including Sellers (e.g., Distribution Providers may deliver products via refrigerated vehicles). In the event that you have a dispute with one or more Delivery Providers, you agree to address such dispute directly with such Delivery Providers and you release us and our affiliates, officers, directors, agents, investors, subsidiaries and employees from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Buyer represents and warrants that: (i) the delivery location will be safe and free of any hazards; and (ii) Buyer has made others at the delivery location (e.g., security and staff) aware of the delivery and the Delivery Provider is authorized to access the delivery location. Buyer acknowledges that the Delivery Provider has the unilateral right to decide not to access the delivery location (e.g., if there are safety concerns). COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSS CAUSED BY DELAYS. Delivery Providers will make commercially reasonable efforts to ensure delivery of goods are kept time and temperature safe; provided, however, you accept that such transportation of goods is at your own risk. Seller agrees to indemnify, defend, and hold Company harmless from any and against all Claims, arising out of or relating to personal injury, death, or damage to real or tangible personal property arising from or connected with the delivery services provided by Delivery Providers.

4.4. Fee Avoidance. Any action by a Buyer or Seller to avoid paying fees is considered fee avoidance and it strictly prohibited. You agree that, during the period in which you have an Account and one (1) year thereafter, you will not, and will not permit your affiliates to, without the prior written consent of Company, directly or indirectly solicit, induce, encourage or otherwise knowingly cause (or attempt to do any of the foregoing) any person or entity, holding an Account on the Services as of the date of the relevant act prohibited by this Section 4.4 or during the one (1) year period preceding such date, to divert business from the Services in order to avoid paying fees. Activity that is in breach of this paragraph could result in a range of actions including, without limitation, buying and selling restrictions, Account suspension or termination, application of fees, and recovery of expenses for fee avoidance policy monitoring and enforcement. If you receive an offer from a Buyer or Seller (as applicable) to transact outside of the Services, please contact us directly. In the event you are suspected of fee avoidance in violation of this paragraph, Company will use commercially reasonable efforts to provide you with notice of any action to be taken hereunder, and, in Company's sole discretion, an opportunity to remedy such violation. If you believe such action hereunder has been made in error, and that you have not violated this paragraph, please contact us directly.

5.1. Services Fees. Every transaction on the Services is subject to fees collected to support the Services (Services Fees). Except as otherwise set forth in a mutually agreed upon ordering document for use of the Services (each, an Order), the Services Fees are detailed on the Services pricing page. The Service Fees are included in the price and payable and charged at the time of each transaction (i.e., you will pay at the time of the transaction).

5.2. Company and Seller Reserve the Right to Refuse any Order. All products are subject to Seller's availability. In the event Seller or Company needs to cancel your order, in whole or in part, Seller or Company (as applicable) will contact you directly via the information you provided with your order to discuss potential substitutions or refunds.

5.3. Payment Processors. Company uses third-party providers (i.e., Stripe) to process payments (Payment Processor'). When making any payment using Stripe in relation to your use of the Services, you are subject to the Stripe Connected Account Agreement, including the Stripe Services Agreement (collectively, the Stripe Services Agreement). By using the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You expressly authorize Company or Payment Processor to charge you for each transaction. Payment Processor may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, Payment Information). You will provide all Payment Information directly to our Payment Processor. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a transaction through the Services, you authorize our Payment Processor to complete your transaction, and to charge your payment method for the transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars.

5.4. Cancelling Payment and Chargebacks. You may only cancel a transaction pursuant the policies as communicated to you by us or by our Payment Processors. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Company. We may institute a chargeback policy as we deem appropriate in the event that you or your bank does not honor a payment obligation or if our Payment Processors question our ability to collect funds from you. As part of such chargeback policy, we may in our sole discretion suspend, terminate, or otherwise limit your ability to use the Services or otherwise take any action we or our Payment Processors deem necessary.

5.5. Taxes. You are responsible to pay any and all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services.

6.1. Ownership of Intellectual Property.

6.2. Feedback to the Company. If you provide the Company with any feedback, comments, questions, ideas, proposals, or suggestions regarding Company or any of the Services, whether online, by email, by postal mail, or otherwise (collectively, Feedback), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (1) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (2) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (3) irrevocably assign to Company all rights, title, and interest in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information, including derivative works, in any manner it deems appropriate. To the extent any such rights may be inalienable, you agree to waive and agree not to exercise such rights and, if such waiver and agreement are deemed invalid, to grant to Company the exclusive, perpetual, irrevocable, worldwide and royalty free right to use, market, and modify any such Feedback without any obligation of attribution or consent. Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary. This Feedback section shall survive any termination of your account or any aspect of the Services..

7.1. User Generated Content. The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, User Content) on or through the Services.

You acknowledge and agree that you are solely responsible for your User Content that you submit or transmit to, through, or in connection with the Services or that you publicly display or displayed in your Account profile, and you, not Company, assume all risks associated with your User Content, including anyone's reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in your User Content that makes you or anyone else personally identifiable. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below and the rest of this Agreement. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Company. You represent and warrant that your User Content does not violate this Agreement or the rights of any third-party. You may not imply that User Content is in any way sponsored or endorsed by Company. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to your User Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in this Agreement or our other policies (1) to maintain your User Content in confidence, (2) to pay you any compensation for your User Content or otherwise credit you for your User Content, (3) to display or accept your User Content, (4) to respond to your User Content, or (5) to exercise any of the rights granted herein with respect to your User Content.

You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services. You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

7.2. License. You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, assignable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company's business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels. By "use" in the preceding sentence we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform, and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User Content for any purpose. Please note that you also irrevocably grant the users of the Services the right to access your User Content in connection with their use of the Services.

7.3. User Content Standards. You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (Content Standards). User Content must not:

7.4. Monitoring and Enforcement. We reserve the right at all times, but are not obligated, to:

We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees, contractors, or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

8.1. The DMCA Process and Procedure. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the user responsible for posting the removed content so that a counter-notification may be filed if applicable. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the DMCA notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any DMCA take-down notice or counter-notification. If you have any questions about your rights, copyright infringement or the notification and counter-notification process under the DMCA, we recommend that you speak with an attorney.

8.2. Filing a DMCA "Take Down" Notification. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a take-down notification (Take-Down Notification) pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):

Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

8.3. Responding to a DMCA Notice with a Counter-Notification. We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective Take-Down Notification. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner or the copyright owner's agent or pursuant to the law, to use the material, you may send us a counter notification ("Counter Notification") containing the following information:

You have ten (10) business days after receipt of a Take-Down Notification to send us an effective Counter Notification or the allegedly infringing material may not be restored.

Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

8.4. Where to Send a DMCA Request. You must submit your DMCA Take-Down Notification and Counter Notifications to us by email.

8.5. DMCA Notices Must Comply with These Requirements. Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.

8.6. Company has the Right to Remove Allegedly Infringing Content. Company reserves the right to remove any content that allegedly infringes another person's copyright or trademark rights, thereby restricting access to or visibility of the content on the Services and restricting the owner's ability to buy, sell, access, or view the content on the Services. All transactions involving the Services are conducted with the knowledge and assumption of the risk that the content may subsequently be removed from the Services because of a DMCA dispute or a user's violation of this Agreement. Company shall not be liable to a user of content that was subsequently taken down by Company pursuant to a valid Take-Down Notification or a determination of a user's violation of this Agreement.

8.7. Company has the Right to Terminate Repeat Infringers' Accounts. Company implements a strict "repeat infringer" policy, which requires it to terminate a user's access to the Services, including terminating a user's Account if, under appropriate circumstances, the user is determined to be a repeat infringer. Company also reserves the right to restrict a user's Account for reasons other than copyright infringement, such as but not limited to, minting pornographic, obscene, or hateful content, or excessive or suspicious minting conduct. We may at any time, without prior notice and in our sole discretion, remove such material and/or terminate a user's Account for submitting such material in violation of this Agreement or for any other reason.

8.8. User Agrees to Cooperate with Company. All users expressly agree to cooperate and timely respond to Company's investigations, requests, and inquiries related to DMCA disputes or allegations of infringement.

9.1. Definition. The parties acknowledge that, in the course of performance under the Agreement, one party ("Disclosing Party") may intentionally or inadvertently disclose, deliver or permit access to by the other party ("Receiving Party") certain data, materials, methodologies, and information (in written, oral, and/or electronic format) that a reasonable person would understand to be secret, proprietary and/or confidential given the circumstances of the disclosure (collectively "Confidential Information"). Without limiting the generality of the foregoing, all commercial information/pricing between you and us is Confidential Information of Company.

9.2. Confidentiality Obligations. Receiving Party shall hold all Confidential Information of Disclosing Party in the strictest confidence and shall not disclose or provide such Confidential Information to any third Party without the express written consent of Disclosing Party in each instance, except that Receiving Party may disclose or provide such Confidential Information to the officers, directors, employees, subcontractors and suppliers of Receiving Party whose duties justify a need-to-know such Confidential Information; who are notified of their burden of confidentiality; and in the case of those who are not officers, directors or employees of Receiving Party, who have signed a non-disclosure agreement containing restrictions, terms and conditions that are at least as restrictive as those set forth herein. In all events Receiving Party shall use the same level of care to protect the Confidential Information of Disclosing Party as Receiving Party uses to protect Receiving Party's own most confidential and sensitive information but not less than reasonable care. Receiving Party shall not make any use whatsoever of Confidential Information of Disclosing Party except such limited use as is required to perform Receiving Party's obligations under this Agreement.

9.3. Exclusions. The obligations set forth in this Section shall not apply to Confidential Information which Receiving Party can demonstrate by reasonable written evidence: (i) is already, or otherwise becomes, generally known by third parties as a result of no act or omission of Receiving Party; (ii) subsequent to disclosure hereunder is lawfully received from a third Party having the right to disseminate the information and without restriction on disclosure; (iii) is generally furnished to others by Disclosing Party without restriction on disclosure; (iv) is independently developed by Receiving Party with written evidence of such independent development; or (v) is disclosed pursuant to a legal or administrative order, provided that Disclosing Party is given prior notice and a reasonable opportunity to object (with Receiving Party's assistance) to such disclosure.

10.1. Termination. This Agreement is effective unless and until terminated by either your or us. Company may suspend or terminate your access or rights to use the Services at any time, for any or no reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your Account, your right to access and use the Services will immediately cease. Company will not have any liability whatsoever to you or any third-party for any suspension or termination of your rights under this Agreement, including for termination of your Account or deletion of your User Content. If you have registered for an Account, you may terminate this Agreement at any time by contacting Company and requesting termination of your Account. If we terminate this Agreement or suspend or terminate your access to or use of the Services due to your breach of this Agreement or any suspected fraudulent, abusive, or illegal activity, then termination of this Agreement will be in addition to any other remedies we may have at law or in equity.

10.2. Effect of Termination. Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect, including, without limitation, ownership or intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Company or any third party. You understand that any termination or expiration of your access to and use of the Services, whether by you or us, may involve loss of access to information that you have posted on the Services or that is related to your Account, including deletion of your User Content associated with your Account from our databases, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third-party.

11.1. Assumption of Risk. The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.

We recommend that you place all perishables in your refrigerator to ensure the ingredients' integrity. The risk of loss and/or damage passes to you at the time of your receipt the goods. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF ALL PRODUCTS ORDERED OR RECEIVED THROUGH THE SERVICE.

YOU UNDERSTAND THAT FOOD ITEMS PROVIDED THROUGH THE SERVICE MAY CONTAIN SOME OR ALL OF THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE FARMS OR PRODUCERS AND NOT COMPANY.

IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT, WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT COMPANY IN ORDER TO PROVIDE INFORMATION TO CONTACT THE FARM OR PRODUCER DIRECTLY

11.2. Seller Representation and Warranties. Seller represents and warrants that all goods that Seller grows, provides, manufactures, processes, and/or packages under this Agreement shall be:

11.3. Recall Procedures. Seller is responsible for any recall related to its goods failing to comply (or allegedly failing to comply) with Food Laws or any laws relating to labeling, the ingredients or any contaminants contained therein. Seller will notify Company immediately (within 24 hours) of becoming aware of any recall and will promptly provide Company with all information reasonably requested regarding the recall. Seller agrees to indemnify, defend, and hold Company harmless from any and against all Claims, arising out of or relating to any recall of Seller's goods and from the breach of any of the warranties herein. Seller assumes all risk of loss due to asserted food safety issues contemplated by this provision and the representations and warranties set forth in this Agreement.

15.1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and the laws of the state of Connecticut shall apply to the resolution of all Disputes, irrespective of any choice of law principles. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2. Exceptions. As limited exceptions to Section 15.1 above: (i) we both may seek to resolve a Dispute in small claims court where you live or where Company is located (if it qualifies); and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

15.3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules (the "AAA Rules") then in effect. The AAA Rules are available at https://www.adr.org/Rules and general information on the AAA process is found at www.adr.org. Information on how to initiate the arbitration is found at that website. The arbitration shall be, if possible, conducted either on the basis of documents or remotely. If an in-person hearing is necessary, the location of the arbitration will be in New Haven, Connecticut. The language to be used in the arbitration will be English. In all Disputes there shall be one (1) arbitrator. The arbitrator shall be appointed pursuant to the provisions for appointing an arbitrator in the AAA Rules. The arbitrator shall issue a decision in writing, briefly explaining the reasons therefor, and may award remedies that are available at law or in equity (so long as consistent with all of this Agreement. Please be advised that this Agreement contains certain limitations on the type and amount of damages that may be awarded). The arbitrator shall have no power to amend or supplement this Agreement to award damages other than as permitted herein, or to fail to follow applicable laws and regulations. Any award rendered by the arbitrator shall be final and binding on the parties, and may be confirmed by the judgment of a court of competent jurisdiction. This arbitration provision shall survive termination of this Agreement/Privacy Policy.

15.4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each party shall bear its own costs and expenses of arbitration, including legal fees.

15.5. Injunctive and Declaratory Relief. Except as provided in Section 15.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

15.6. Class Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

15.7. Limitation to Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

16.1. Children. Company's Services are directed at a general audience over the age of eighteen (18) and are not intentionally targeted to children. We do not knowingly collect or solicit personally identifiable information from a child under the age of thirteen (13) ("Child" or "Children") without obtaining verifiable consent from that Child's parent or guardian ("Parental Consent"), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent ("Required Information"). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are under thirteen (13) years old, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you are a parent or guardian and believe that your Child has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us.

16.2. Waiver. Except as otherwise set forth in this Agreement, no failure of Company to exercise, or delay by Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

16.3. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then such term or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement; such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

16.4. Entire Agreement. This Agreement and any policies or operating rules posted by us on this Website or in respect to the Services, together with all documents referenced herein, constitutes the entire agreement between you and Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof (including, but not limited to, any prior versions of the Agreement). Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

16.5. Headings. Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

16.6. No Agency, Partnership or Joint Venture. No agency, partnership, or joint venture has been created between you and Company as a result of this Agreement. You do not have any authority of any kind to bind Company in any respect whatsoever.

16.7. Assignment. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties, without notice to you. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

16.8. Export Laws & Affiliation. The Services may be subject to U.S. export control laws and regulations. To the extent applicable, you agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations. Company has no affiliation with any certifications or certifying bodies.

16.9. Changes to this Agreement. Company reserves the right, at our sole discretion, to update, change, modify, or replace any part of this Agreement by posting updates and changes to the Website. We may elect to notify you of such changes by mail, email, posting of a modified Agreement, or some other similar manner. In the event of any material changes to the Agreement, you will be prompted to click on "accept" or "agree" to this Agreement. However, it is your responsibility to check the Website regularly for changes to this Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement shall constitute your acknowledgment and acceptance of such changes.