The following are the terms and conditions of the Farm Share, Ltd. services. By visiting the Farm Share Website (the “Site”) and/or participating in Farm Share deliveries, you agree to the following terms:
Funds from payment for participation in the Farm Share services are used to buy seed, operate participating farms and Farm Share during the growing and delivery season. You agree to share in the risks of agriculture with the farmers and although we aim to supply you with ample quantities of great vegetables and/or fruit, there is no guarantee that any specific crop or quantity of goods will be distributed to you by Farm Share. Sorry, no refunds, as the funds are directly planted in the fields, invested in seed, equipment and other means to make Farm Share crops available to you.
Farm Share, Ltd. committed to protecting your privacy. The information we collect about you when you become a participant is used to fulfill our obligations to you only. We do not share your personal information including your email address with any third parties
To receive Farm Share delivery, you must live in one of our stated delivery areas in a home or a door man apartment (in Manhattan). If you place an order on our Website for an area we do not serve, or where we discontinue service, Farm Share will refund to you a pro rata portion of your payment. If you place an order for an area that we did not list as a delivery area, we will deduct from any refund, the credit card fees associated with your payment.
Farm Share accepts payment by check, money order or credit cards (as stated on the payment page of our Website). We do not currently accept food stamps.
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the sole and exclusive property of, or duly licensed to, Farm Share. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Farm Share for your personal use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Farm Share is strictly prohibited. You acknowledge that Farm Share and/or its third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material or by using the Site. Farm Share reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Farm Share.
"Farm Share," "Do Good, Eat Better" and all Farm Share logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Farm Share or otherwise proprietary to Farm Share and may not be used by you for any reason other than as expressly permitted by this Agreement. You do not acquire any ownership rights in such marks, logos, or names by using this Site or the Farm Share Service.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE FARM SHARE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FARM SHARE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FARM SHARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FAMR SHARE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FARM SHARE SERVICE; FARM SHARE DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FARM SHARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE FARM SHARE SERVICES. FARM SHARE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FARM SHARE NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE FARM SHARE SERVICE, OR THE INTERNET. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FARM SHARE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold Farm Share and its directors, officers, shareholders, employees and agents harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of the Site and/or Farm Share services.