Last Updated: March 31, 2021
FRESHFARM is a non-profit business that promotes sustainable agriculture products and works to improve food access and equity in the Mid-Atlantic Region of the United States. At its physical locations and on the Site, FRESHFARM offers various products and services (collectively, the “Products”) described on the Site. The Products include: FRESHFARM FoodPrints, described at https://www.freshfarm.org/foodprints/model, which offers comprehensive food education in public elementary schools with the goal of improving health and academic outcomes for children and families; virtual cooking sessions in which Internet visitors may join; recipes; information on events sponsored by FRESHFARM such as FRESHFARM Feasts; details about volunteer and employment opportunities offered by FRESHFARM; information about the various vendors at FRESHFARM Markets; data about FRESHFARM’s Pop-Up Food Hub and Market Share, which is an innovative model of local food distribution that triples the potential of the farmers market; and educational opportunities for chefs at FRESHFARM Markets who teach by offering cooking demonstrations. The Products that are offered for purchase can be ordered and delivered only within 200 miles of Washington DC, in Maryland and Virginia.
Access to Services
Ownership of the Site and its Contents
The Site, and all information, materials and content contained in or delivered via the Services or otherwise made available in connection with the Products and Services, including without limitation any text, HTML code, trademarks, logos, service marks, copyrights, trade dress, graphics, photos, videos, sounds, animations, button images, other content or materials, the site design, its selection and arrangement of content, and its “look and feel,” (collectively, “Site Content”), is protected pursuant to U.S. copyright, trademark, and other proprietary rights and laws, and any rights not expressly granted herein to you are reserved to FRESHFARM as between the parties. Except as otherwise expressly authorized in writing by FRESHFARM, none of the Site Content may be modified, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, resold, licensed, leased, distributed or commercially exploited by you in any way, and nothing contained on the Site or offering of the Products or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use any of the Site Content without the written permission of FRESHFARM or a third party that owns any rights in any of the Site Content. Use of any Site Content as part of a link to or from any site is prohibited unless FRESHFARM approves the establishment of such a link by prior written consent specific for each such link.
Limited License to Services
Restrictions on Use of Services
Disclaimer Regarding Services
FRESHFARM has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that FRESHFARM engages to provide the Products. In addition, you acknowledge that FRESHFARM makes no warranty regarding, and accepts no liability for, any losses or damages whatsoever relating to or in connection with your purchase (or attempted purchase) of a Product on the third party website freshfarm.localfoodmarketplace.org made possible through FRESHFARM. You are solely responsible for any and all transactions utilizing your Financial Information, including, without limitation, any and all charges to your payment card(s). You acknowledge and agree that, if any third party experiences a data breach that affects your Financial Information, Company will in no way be responsible or liable to you for such breach. You should maintain thorough records of all your purchase transactions on the Site. If you believe there is any error or unauthorized transaction concerning your Financial Information, you must contact the applicable data processor.
All material and information presented by FRESHFARM is intended to be used for personal, educational or informational purposes only. FRESHFARM does not itself manufacture any of the Products reviewed or promoted on the Site.
Fees and Refunds
If you are a customer, there is no fee for you to create an account and/or access the Services. You may be charged a fee to purchase a Product, in the discretion of the operator of the freshfarm.localfoodmarketplace.org vendor. These fees may vary and may include, without limitation, royalties, taxes, processing fees and fulfillment fees. FRESHFARM does not control and cannot disclose the fees levied by your bank and/or credit card company.
FRESHFARM is based in the United States. We provide the Site, Services and Products for use only by persons located in the United States, specifically, in the Washington, DC metropolitan area. The Site, Services and Products are not directed to persons outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF THE SITE, SERVICES, PRODUCTS AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SERVICES, OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, and the PRODUCTS, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. FRESHFARM DISCLAIMS ALL WARRANTIES REGARDING THE SITE, SERVICES, PRODUCTS AND SUCH CONTENT WHATSOEVER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. FRESHFARM ALSO MAKES NO WARRANTIES THAT: (A) THE SITE, PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE (WHETHER DIRECTLY OR INDIRECTLY) OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.
Limitation of Liability
YOU AND FRESHFARM AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FRESHFARM. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, FRESHFARM WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.
Release and Indemnity
You hereby release FRESHFARM from all damages (whether direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive or otherwise), losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, arising out of or in any way connected with a dispute between you and a third party (including other users) in connection with the Site, Services or any Products offered on the Site. You hereby waive any applicable law or statute which states, in substance, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Third Party Sites and Additional Terms
Customers Needing Extra Assistance
FRESHFARM aims to provide full access to the Site and Services regardless of Customers’ differing abilities. If you are unable to read any part of the Site, or otherwise have difficulties using the Site or any Services, please contact us by email at firstname.lastname@example.org and we will assist you.
Governing Law, Jurisdiction and Venue