Welcome to farmigo.com (the "Site"). Farmigo, PBC. and/or its affiliates ("Farmigo") provide website features to you subject to the following conditions.
Farmigo allows you to order products offered by our network of farmers via the Site. Farmigo will process your orders, handle payments, and arrange for the packing and delivery of orders from the farms to your pick-up location. To get started, you must join a Farmigo community (or start your own) and sign up as a Farmigo member ("Farmigo Member"). You must be a Farmigo Member to purchase via the Site. Farmigo memberships are very flexible and no long-term commitment is required as each order is placed on a weekly basis without subscription. Membership can be cancelled any time without penalty. Once you are a Farmigo Member,you can select the items you wish to purchase and we'll deliver your products to the convenient pickup site selected by you. You will be assigned a delivery day associated with your delivery during the sign-up process. The delivery day is determined by the delivery location you select. Farmigo will deliver to your location once per week, The pick-up times will be determined by your Farmigo Organizer. Orders that are not picked up by you will be kept or managed by your Farmigo Organizer or donated to a local charity. Together, Farmigo and your Farmigo Organizer will provide service support, including without limitation answering questions, receiving feedback, managing complaints, processing payments and providing order assistance.
The Site may contain links to web sites that are not owned, operated or controlled by Farmigo or its affiliates, including without limitation the merchant websites noted above. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Site, you do so entirely at your own risk.
Farmigo grants you a limited license to access and make personal use of this Site in accordance with these terms and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Site or its contents.You agree that you will not collect and use of any product listings, descriptions, or prices made available on the Site; make any derivative use of this Site or its contents; download or copy any account information; or use any data mining, robot, spider, scraper or similar data gathering and extraction tools or other automated means of access to the Site for any purpose without our express written permission. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, other than as expressly permitted in these terms, without the written consent of Farmigo. You agree that you will not (1) engage in any activity that interferes with or disrupts the Site or any activities conducted on the Site; (2) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (3) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permission or license granted by Farmigo.
Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. For example, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Farmigo's without express written consent. You may not use any meta tags or any other "hidden text" utilizing Farmigo's name or trademarks without the express written consent of Farmigo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of farmigo.com so long as the link does not portray the Site, Farmigo, or its products or services in a false, misleading, derogatory, or otherwise offensive matter and the web site from which you are linking does not contain content that would not be permitted for posting on this Site. You may not use any Farmigo logo or other proprietary graphic or trademark as part of the link without our express written permission. Creating or maintaining any link from another web site to any page on this Site except as set forth herein is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
You must register with Farmigo to access certain functions of the Site. In consideration of your use of the Site, you agree to provide certain current, complete, true and accurate information about yourself when registering. You agree not to misrepresent your identity. You may not use the Site if your Farmigo account has been suspended. You agree to maintain and keep your account information current and to update it as soon as it changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or Farmigo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Farmigo has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You understand that, if you choose to be in contact with a merchant or service provider through this Site, you may be required to register with that merchant or service provider separately. To be clear, such registration information will be provided to the relevant merchant or service provider via a third party website and will be subject to the terms and conditions applicable to such third party website. Farmigo has no control over and disclaims all liability for any information provided to such merchant or service provider.
You are responsible for maintaining the security of your password and agree to accept the entire responsibility for all activities that occur under your account or password. You agree to notify Farmigo immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to help [at] farmigo [dot] com. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
You may use the Site only if you are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.
If you want to terminate your account and your legal agreement with Farmigo, you may do so by notifying Farmigo at help [at] farmigo [dot] com at any time at which point Farmigo will close your account for all services. Farmigo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel services in its sole discretion. If you breach any provision of this Agreement, you may no longer use the Site.
Where the Site permits the posting of comments and other content, the content may not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Farmigo or anyone else as to the origin of the content. Farmigo reserves the right (but not the obligation) to monitor, remove or edit such content and any other activity, but does not regularly review posted content. If you do post content or submit material you grant Farmigo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Farmigo and its sublicensees the right to use the name that you submit in connection with such content, if they choose. However, Farmigo is not obligated to attribute such content to you. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You will indemnify Farmigo for all claims resulting from content you supply. Farmigo takes no responsibility and assumes no liability for any content posted by you or any third party.
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit or modify the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Please review our Privacy Notice available at http://farmigo.com/privacy, which also governs your visit to the Site, to understand our practices.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. At times, we may also contact you via telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Farmigo may send out e-mail and mail to our subscribers about services and products offered by Farmigo and our partners. Farmigo may also contact subscribers via telephone. Farmigo may work with service providers to assist with these mailings, and these service providers may have access to your personally identifiable information. Third parties will not contact our subscribers through the use of our e-mail and mailing lists except through our own emails or newsletters that may contain messages from our partners within the email and/or mail themselves, or unless users ask to be placed on a list to receive e-mail and/or mail from our partners on subjects of interest.
All content included on this site, such as (without limitation) text, graphics, logos, button icons, photographs, images, moving images, audio clips, illustrations, digital downloads, data compilations, and software, is the property of Farmigo or its content suppliers. Your use of the site does not transfer to you any ownership or other rights in these. All elements of the Site, including without limitation the general design and the he content on theSite, is protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which the Site is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site, its content and all related rights shall remain the exclusive property of Farmigo or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In addition, all trademarks, service marks and trade names of Farmigo used herein (including but not limited to: Farmigo.com graphics, logos, page headers, button icons, scripts, and service names) are trademarks, registered trademarks or trade dress of Farmigo. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Farmigo trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Farmigo's prior written consent. The use of Farmigo trademarks on any other web site or network computer environment is not allowed. All other trademarks not owned by Farmigo that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Farmigo.
In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Farmigo has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Farmigo has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Farmigo or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. Farmigo respects the intellectual property of others. If you believe that any material available via the Site infringes a copyright, please notify us by following the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Yossi Pik, 1 Bavli, Tel-Aviv, Israel, 62331, Yossi [at] Farmigo [dot] com.
Please provide the following notice:
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FARMIGO ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PRODUCTS ARE MADE AVAILABLE SOLELY FOR RESPONSIBLE ADULT CONSUMPTION UNDER PROPER STORAGE AND HANDLING CONDITIONS.WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. FARMIGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FARMIGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FARMIGO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THE SERVERS USED; OR ELECTRONIC COMMUNICATIONS SENT FROM FARMIGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARMIGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL FARMIGO, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FARMIGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS ACCOUNT CREDITS IN THE AMOUNT YOU PAID FOR SUCH PRODUCT, AS PROVIDED ABOVE. ACCOUNT CREDITS AND DISCOUNTS PROVIDED BY FARMIGO, IN RESPONSE TO REQUESTS OR AFFIRMATIVELY OFFERED BY FARMIGO, DO NOT CONSTITUTE AN ADMISSION OF FAULT OR DEFECT IN THE QUALITY OF OUR PRODUCTS AS THEY ARE PROVIDED AS A MATTER OF POLICY REGARDLESS OF THE NATURE OF THE REQUEST.
You agree to defend, indemnify and hold Farmigo and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (1) the use of the Site by you or your authorized users; (2) your violation of any provision of these terms; (3) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (4) your violation of any law, rule or regulation of the United States or any other country; (5) any claim or damages that arise as a result of any content that you provide to Farmigo; or (6) any other party's access and use of the Site with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more merchants and/or other users of the Site, you release Farmigo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and 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 disputes.
These terms, and your relationship with Farmigo, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Farmigo agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising out of, related or connected to these terms and this site. Notwithstanding this, you agree that Farmigo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. A printed version of these terms will be admissible in judicial and administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We may also block your access to our Site in the event that (1) you breach these terms; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Farmigo may, at its sole discretion, provide users with incentives to invite and/or refer new members to try Farmigo's services. These incentives are subject to change at any time, and may reward both the user and the recipient of the invitation or referral. These incentives are intended to reward Farmigo users for referring friends, family and other people within their social and professional networks to Farmigo's service and are not intended to be used for general solicitation. Users may not, use commercial promotional or advertising platforms or products to promote or share their personal invite/referral links, including, but not limited to craigslist.org, paid advertising of any kind, or promoted posts on social media platforms. Farmigo reserves the right to revoke any user's referral incentive at its sole discretion for any reason, including the discovery of such promotional activity or any other form of abuse of the referral/invite system. Such abuse shall be identified and defined as anything that might reasonably be determined to be outside of the intended purpose of the referral/invite system.
Neither Farmigo nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Except as stated otherwise, any notices to Farmigo shall be given by postal mail to Farmigo, PBC., Attention: Legal Department, 55-C 9th Street, Brooklyn NY 11215
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at help [at] farmigo [dot] com.
All Site design, graphics, text selections, arrangements, and all software are Copyright © 2016, Farmigo PBC. ALL RIGHTS RESERVED. Copyrights, Trademarks and Service Marks of Third Parties
Farmigo.com uses open source software, including: