BUILD MY HARVEST TERMS OF SERVICE
(As of August 12, 2022)
WELCOME TO BUILD MY HARVEST. THESE TERMS OF SERVICE ARE IMPORTANT AND GOVERN YOUR LEGAL RIGHTS WHEN USING OUR BUILDMYHARVEST.COM WEBSITE (“WEBSITE”) AND SERVICES. PLEASE READ CAREFULLY BEFORE USING OUR WEBSITE, ORDERING ANY OF OUR PRODUCTS OR SUBSCRIBING TO ANY OF OUR SERVICES. BY DOING ANY OF THE FOREGOING. YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Hungry Harvest LLC, the owner and operator of BuildMyHarvest.com, reserves the right to modify, alter, delete and update these Terms of Service at any time in its sole discretion, effective upon posting. Your continued use of the Website or Services after such posting will be an acceptance of the updated Terms. Such alterations do not nullify your or our rights with respect to acts, omissions or breaches occurring under a previous version of these conditions.
1. WEBSITE USE
1.1 TRADEMARKS. “Build My Harvest”, “BuildMyHarvest.com”, and other logos and marks indicated on our Website are trademarks or service marks owned exclusively by Hungry Harvest LLC. The use of these trademarks, service marks. and trade dress is prohibited if used in connection with the sale of any product that is not Hungry Harvest’s, in any manner that seeks to disparage or discredit Hungry Harvest or the Build My Harvest service, or in any manner that may cause confusion among our customers.
1.2 COPYRIGHT. All content on our Website is the exclusive property of Hungry Harvest LLC, including without limitation text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws, and we reserve all associated rights.
1.3 PROTECTING YOUR ACCOUNT Some portions of our Website permit or require usernames and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
1.4 LIMITED LICENSE AND SITE ACCESS. Hungry Harvest LLC grants you (the user) a limited license to access and use the publicly available features of our Website, and if you are a registered user with an active Hungry Harvest account (“Registered User”), to use the Registered-User features of our Website. You may view, bookmark, and print individual pages, such as product descriptions and order receipts, for personal use, consistent with normal retail consumer use. The Website or any portions of the Website may not otherwise be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Hungry Harvest LLC. Website scraping, bulk downloading, deep linking, and similar abusive activities are expressly prohibited. You are prohibited from using meta tags or any other hidden text utilizing Hungry Harvest LLC's name or trademarks without the express written consent of Hungry Harvest LLC. Any unauthorized use of the Website or its contents voids the limited license granted by Hungry Harvest LLC.
1.5 CONTENT SUBMITTED BY WEBSITE USERS. If you post content to the Website (if that feature is activated on the Website), or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Hungry Harvest LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission 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; and that you will indemnify Hungry Harvest LLC or its affiliates for all claims resulting from content you supply. Hungry Harvest LLC reserves the right to decline or remove any content at our sole discretion.
1.6 LIMITATIONS OF LIABILITY RE WEBSITE. THE WEBSITE IS MADE AVAILABLE BY HUNGRY HARVEST LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUNGRY HARVEST LLC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OR OPERATION OF THE WEBSITE OR THE CONTENT CONTAINED THEREIN, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. HUNGRY HARVEST LLC CANNOT WARRANT THAT THIS WEBSITE, OUR SERVERS, OR EMAIL COMMUNICATIONS AFFILIATED WITH THE USE OF THE WEBSITE, ARE FREE FROM VIRUSES OR MALWARE. HUNGRY HARVEST LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
2. HUNGRY HARVEST SERVICES
2.1 ELIGIBILITY TO USE SERVICES. The Services offered through the Website are intended for adults in the United States, and we do not accept orders from outside the United States. By registering for an account or submitting an order through our Website, you represent and certify that:
- You are legally competent to enter binding contracts.
- You are a resident of the United States of America.
- You are accessing the site from the United States of America.
- We reserve the right to reject any registration or order for any lawful reason.
2.2 ORDERS.
2.2.1 After registering and placing an order for Products through our form on our Website, you will receive a confirmation email from us acknowledging that your registration and order have been received. Please note that this only submits the order. All orders are subject to acceptance and confirmation by us in our sole discretion. Delivery is only available in certain U.S. locations, which we will make reasonable efforts to describe on our Website. We will be unable to fulfill orders for delivery of Products to unavailable locations, and we will make reasonable efforts to reject any such orders either at the time of the attempted order or as soon thereafter as we discover the issue. We reserve the unconditional right to revoke acceptance of orders for delivery to unavailable locations.
2.2.2 We will make reasonable efforts to deliver all Products by the estimated delivery dates specified at the time of the applicable order, but all such dates are estimates only, and we do not warrant such dates or accept responsibility or liability for delayed delivery.
2.2.3 All orders are final and non-cancellable once accepted by Hungry Harvest. We are not required to change or accept order cancellations or modifications.
2.3 PRICING AND PAYMENT
2.3.1 Build My Harvest offers a choice of Products (including Product combinations such as Boxes) at its discretion. All sizes. prices, and delivery fees will be quoted on our Website.
2.3.2 Listed prices do not include applicable sales taxes, which will be calculated and added at checkout.
2.3.3 We reserve the right to change the prices of our Products and delivery fees, at any time and from time to time by posting the new prices on our Website.
2.3.4 Available payment methods for Products and Services (e.g. credit card, debit card) will be identified from time to time on our Website. We reserve the right to reject orders and/or suspend or cancel deliveries if payment is declined or the payment method becomes invalid, and until a valid substitute payment method is inputted. We will never share your payment information with a third party other than as required to process the transaction or collect payment.
2.4 REFUND POLICY
2.4.1 If you believe that a Product you have received is of substandard quality (not including minor cosmetic imperfections inherent in the nature of our produce recovery services), you must take a photo of the substandard item within 24 hours after receipt and send it to help@buildmyharvest.com.
2.4.2 If all or part of a Product is of unacceptable quality we will credit you an amount equivalent to the value of the defective item towards a future purchase, or at our sole option, credit a refund to the same instrument or account (e.g., credit card) used for the original transaction.
2.5 ACCOUNT CANCELLATION.
2.5.1 You may deactivate your account at any time, without any deactivation, cancellation, or termination fee. We reserve the right to deny reinstatement of the account.
2.5.2 To deactivate your account, you may email help@buildmyharvest.com or inform us that you would like to do so.
2.5.3 Hungry Harvest may suspend or deactivate your account for any reason or no reason upon 10 business days’ notice to you and shall have no liability to you for doing so.
2.5.4 In addition, Hungry Harvest may immediately suspend or deactivate your account or cancel any order, without advance notice, for any actual or suspected violation by you of these Terms of Service, or for any actual or suspected fraud, impersonation, identity theft, security breach, violation of law, transmission of malware; repeated payment declines; or actual or suspected abuse or misuse of the Service, as determined by Hungry Harvest in its sole and absolute discretion. We shall have no liability to you for doing so.
2.6 REDEMPTION OF FREE PRODUCT AND COUPON OFFERS.
2.6.1 From time to time, Build My Harvest offers its clients special offers and discount codes to be used in conjunction with its Website. These offers may be disseminated via the Website, through email or texts to Registered Users, or announced via other means of communication in conjunction with the promotion of the Build My Harvest Product collection, including radio and TV broadcasts, internet forums and various online websites.
2.6.2 We encourage our customers to redeem these special offers, but we respectfully ask that you not exploit them. Hungry Harvest, at our sole discretion, will determine if all purchasing criteria have been met to qualify for a stated discount or free product. If you successfully circumvent the authentication or other safeguards of our Website, or otherwise abuse the ordering process, in order to receive multiple free Products with your order, then we may (at our sole discretion) remove any extraneous free Product(s) from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
2.7. GIFT CARDS AND DISCOUNTS
2.7.1 We may offer gift cards, social media promotional discounts, friend referral discounts, and other types of vouchers. The same terms and conditions apply to new customers who receive the gift cards or other various discounts.
2.7.2 Gift card codes must be activated online in our online form, may only be applied once, and cannot be copied or reproduced. To use your gift card voucher you will be required to enter a unique code online in the “gift card and discount code” section upon sign up or edit of order. This unique code will be emailed to you upon purchase.
2.7.3 Social Media and Friend Referral discounts will be tracked by us, and discounts will be applied by us.
2.7.4 We reserve the right to withdraw or deactivate any discount or discount program (other than prepaid gift cards) for any reason at any time.
3. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
3.1 LIMITED PRODUCT WARRANTY. We warrant that any Product purchased from us through BuildMyHarvest.com, will match its description, will be of merchantable quality at the time of delivery, and will be produced and supplied in compliance with applicable federal and state laws. If you believe that any Products purchased from us are not of acceptable quality when delivered, please see Section 2.4 for our Refund Policy, which provides your exclusive remedy. Build My Harvest products include perishable items. To maintain integrity of the Products after delivery, we recommend that you immediately refrigerate or freeze these perishable items. You assume sole responsibility for providing proper handling and storage of Products after delivery. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 FORCE MAJEURE. Hungry Harvest will not be liable for any failure to perform, or delay in performance of any of our obligations in connection with an order, to the extent caused by events beyond our reasonable control, including without limitation internet and telecommunications failures; supply chain failures; road construction and closures; hurricanes, earthquakes, floods, explosions, fires, epidemics, pandemics, and natural disasters; labor disputes and strikes; riots, invasion, terrorism.
3.3 LIMITATION OF LIABILITY. HUNGRY HARVEST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SERVICES. IF YOU ARE ENTITLED TO MONETARY RELIEF. HUNGRY HARVEST’S LIABILITY TO YOU AND ANY OTHER PERSON SHALL BE LIMITED TO THE AMOUNT PAID FOR THE DEFECTIVE PRODUCT OR SERVICE.
3.4 SOME STATE LAWS MAY EXCLUDE OR LIMIT CERTAIN DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO YOU. IF DISCLAIMERS AND LIMITATIONS ARE RESTRICTED BY STATE LAW, HUNGRY HARVEST’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. MISCELLANEOUS
4.1 APPLICABLE LAW. The law of the state of Maryland, without regard to principles of conflict of laws, will exclusively govern these Terms of Service and any dispute of any sort arising out of your use of the Website or Services, or purchases of Products from Hungry Harvest. Any legal action or proceeding arising out of your use of the Website or Services, or purchases of Products through BuildMyHarvest.com or otherwise from Hungry Harvest, shall be adjudicated exclusively in the courts located in Prince George’s County, Maryland, and you and we consent to personal jurisdiction and venue in those courts.
4.2 PRIVACY. Hungry Harvest’s use and disclosure of your personal data collected in connection with your use of our Website and Services is governed by our Privacy Policy, which is available at buildmyharvest.com/privacy-policy
4.3 MARKETING AND CONTACTS. By registering for our Services, you agree to opt-in to receive text, emails, and/or calls from Hungry Harvest or any affiliates relating to the Services at any time, except as provided by applicable law. To opt-out of emails, texts, or calls, send an email to help@buildmyharvest.com, or follow any opt-out instructions specified in the relevant message.
4.4 OUR RIGHT TO CHANGE TERMS OF SERVICE. We reserve the right to modify and alter these Terms of Service at any time and from time to time, including without limitation to manage the changes that occur in our business model due to changes in the market, technology, regulatory requirements, and relevant laws.
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