Eating Local Made Easy

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Terms and Conditions

Agreement Between User and Locavorest

The Locavorest website (the “Site”) is comprised of various web pages operated by Locavorest and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications

Visiting Locavorest or sending emails to Locavorest constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Locavorest is not responsible for third party access to your account that results from theft or misappropriation of your account. Locavorest and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Locavorest’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Locavorest may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Locavorest does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Locavorest only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Locavorest may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Locavorest and Locavorest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Locavorest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Locavorest of the site or any association with its operators.

Certain services made available via Locavorest are delivered by third party sites and organizations. By using any product, service or functionality originating from the Locavorest domain, you hereby acknowledge and consent that Locavorest may share such information and data with any third party with whom Locavorest has a contractual relationship to provide the requested product, service or functionality on behalf of Locavorest users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Locavorest strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Locavorest that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Locavorest or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from Locavorest. Products available on Locavorest are not intended for resale. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Locavorest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Locavorest or our licensors except as expressly authorised by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Locavorest does not control or endorse the content, messages or information found in any Communication Service and, therefore, Locavorest specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Locavorest does not claim ownership of the materials you provide to Locavorest (including feedback and suggestions) or post, upload, input or submit to any Locavorest Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Locavorest, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Locavorest is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Locavorest’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Accuracy of Information

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.

Privacy

Please review our Privacy Notice available at Privacy, which also governs your visit to the Site, to understand our practices.

Site Policies

Locavorest reserves the right to make changes to our Site, policies, and these terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These terms and the Locavorest policies referred to in these terms comprise the entire agreement between you and Locavorest. Locavorest may amend these terms (and any policies referred to herein) from time-to-time and your continued use after the amended terms become effective will be your agreement to be bound by the terms as amended. You agree that these terms and all incorporated agreements may be automatically assigned by Locavorest in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The provisions of these terms of use, including indemnification obligations, which by their terms require performance or continuation after the termination or expiration of these terms of use, your account or your use of the Site, or have application to events that may occur after the termination or expiration of these terms of use, your account or your use of the Site, will survive any termination or expiration of these terms, your account or your use of the Site.

Product Quality, Availability and Refund Policy

At Locavorest, we believe in offering our customers quality ingredients at a competitive price. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that’s very similar to the item you ordered, we may make a substitution. If you’re not happy with the replacement, please email us at info@locavorest.com

We use coolers to maintain the quality and integrity of all our cold products. To maintain the quality of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We want you to be completely satisfied with your order. If you’re not, please let us know at info@locavorest.com within 24-48 hours of delivery and we’ll make it right!

Delivery Restrictions

Delivery is available on Saturdays to your chosen Pick-up location. You can modify an existing order (including the addition or deletion of items, and the cancellation of your order) via the Web (in the “My Profile” section of the Site) up until the posted cut-off time for that delivery. You may cancel orders via the “My Profile” section of the Site. Modified orders may subject to price changes. Cancellation of orders after the required cut-off time will still be charged the full price.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and pick-up times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery. We will deliver your order as quickly as possible when the conditions permit. If something is missing from your order, please contact us at info@locavorest.com.

The products will be at your risk from the time of pick-up from the Pick-up location.  You, and not Locavorest, is solely responsible for the proper and safe washing, preparation, storage and cooking of any products you receive through our Services. Any use of our products is at your own risk.

Price and Payment

Product prices are either determined by the producer or Locavorest and are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.

You may change your payment method at any time by updating your account information. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. This may result in a change to your payment billing dates.

If you register for a weekly subscription, it will automatically renew until you cancel it, and you are enrolled to receive shipments each week. You may uncheck a Weekly Delivery (within order cut off times) at any time per the cancellation details listed below. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND LOCAVOREST  DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  LOCAVOREST DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND LOCAVOREST SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LOCAVOREST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY (INCLUDING WITHOUT LIMITATION ANY ALLERGIC REACTIONS TO ANY PRODUCTS RECEIVED THROUGH THE SERVICES AND/OR ANY INJURY CAUSED WHILE PICKING UP THE PRODUCTS FROM THE LOCAVOREST HUB) OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.  THESE LIMITATIONS SHALL APPLY EVEN IF LOCAVOREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE SERVICES ARE SUITABLE FOR YOU AND TO ENSURE THAT YOU DO NOT ORDER ANY PRODUCTS THAT YOU MAY BE ALLERGIC TO.

Indemnification

YOU SHALL INDEMNIFY AND HOLD LOCAVOREST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAW OR REGULATION.

Termination

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.

Miscellaneous

Neither Locavorest 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.

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