Terms and Privacy
1. The Company:
From the Farmer is a brand and trademark owned by South Mountain Creamery LLC, a Maryland Limited Liability company.
2. Description of Service
From the Farmer sells a fresh produce, meats, and other artisan provisions through weekly subscriptions and one time purchases. We handle all sourcing, fulfillment, and delivery of these goods to our Users and our service area and availability of products is dependent upon a User’s delivery address.
In order to use our Service, you must meet a number of conditions, including but not limited to:
3.1 You are legally able to enter binding contracts. (E.G Must be 18 years old)
3.2. You are a resident of the United States of America.
- You are accessing the site from the United States of America.
3.4 You must provide us with personal information, payment information, and any other information that we deem necessary to provide you with our Service.
4. Nature of Service
From the Farmer is provided on an as-is, where-is basis. You agree that you are solely responsible for determining whether the use of From the Farmer is right for you, and to hold From the Farmer harmless for any loss which may arise from or relate to your use of our Service.
5. Contract Agreement
5.1 From the Farmer offers weekly or bi-weekly recurring orders. By submitting a bi-weekly or weekly recurring order you are agreeing to recurring charges. Hungry Harvest will submit periodic charges (E.G. Weekly) without further authorization from you, until provided with information to do otherwise (E.G. Cancellation, vacation, or hold). These changes must occur before your order cutoff, which is listed in your account area and sent in a reminder each week. (Cut off to change order). We are no longer required to change your order after the cutoff date.
5.2. There is no auto-renewal with From the Farmer. Customers are allowed to cancel, suspend, and resume deliveries at anytime before that week’s cutoff. These changes must be done by your order cutoff. We do reserve the right to deny resuming or re-subscription where we have previously determined to terminate a subscription.
5.3 When choosing your submitting a recurring subscription you are agreeing to pay weekly, or bi-weekly until your account is either canceled or a vacation hold is in place (Vacation Hold)
5.4 You assume responsibility for providing proper handling and storage of your fruits, vegetables and add ons, including perishables.
6. Service Obtainability
6.1 Our Site’s use is intended for people living in the United States of America (Serviced Country). We do not undertake orders from people outside the United States.
7. Consumer Rights
7.1 If you are under contract as a customer, there is no termination fee and your subscription can be deactivated at any time before your order cutoff. EDT the week before your next product delivery is scheduled. Please also look at our refund policy (Check Clause 9).
7.2 In order to deactivate your account or cancel your subscription, you can email: Fresh@fromthefarmer.com informing us you would like to cancel your account. There is also an option to go into your own account and delete all orders as well.
7.3 By registering for our service, you agree to opt-in to receive text, emails, and/or calls from us “ From the farmer. To opt-out of emails, texts, or calls, you must send an email to Fresh@fromthefarmer.com
8. Payment, Refunds and Delivery
8.1 We accept all major credit cards through an API that integrates the third party payment provider, Stripe, with our Service. You agree that your account shall be charged upon any order created at From the Farmer. All recurring products will be charged two days prior the orders ship date. All prices on our Site are denominated in United States dollars.
8.2 Our products are delivered either by common carrier of company-owned vehicles.
8.3 If all or part of a Product (farm Box) is defective we will credit or refund you an amount equivalent to the value of the Defective Item towards a future purchase. These refunds will be processed within 7 days of your email To notify us of a complaint, please contact firstname.lastname@example.org and reference your order number.
9. Gift Card and Discounts
9.1 We currently 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.
9.2 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 your upon purchase.
9.3 Social Media and Friend Referral discounts will be tracked by us and discounts will be applied by us.
9.4 We reserve the right to withdraw or deactivate any discount (other pre-paid for gift card) for any reason at any time
10. Risk and Title
10.1 From the farmer products include perishable items and to maintain integrity of the products after delivery, we recommend that you immediately refrigerate or freeze these perishable items.
11. Our Copyright
From the Farmer’s copyright is important because it protects our content from being diminished in its uniqueness by third parties. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“From the Farmer” is a trademark used by us and protected by the United States Patent and Trademark Office, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
13. Events outside of our Control
13.1 We, From the Farmer, will not be liable for any failure to perform, or postponement, any of our obligations under a Contract that is caused by events we cannot control (Force Majeure Event). Events that our beyond our reasonable control that include the following:
13.2 Impossibility to use proper roads and streets to deliver product.
13.3 Hurricanes, earthquakes, floods, explosions, fires, epidemics or any other natural disasters.
13.4 Strikes, riots, invasion, attack, or threat and any other industrial/threatening action that prohibits us.
13.5 Public and private telecommunication networks are down and unable to use.
14. Our Right to Change Terms and Conditions
14.1 We reserve the right to modify and alter these terms and conditions.
14.2 We may alter these terms and conditions from time to time to manage the changes that occur in our business model due to changes in the market, technology, regulatory requirements, and relevant laws.
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
17. Choice of Law
This Agreement shall be governed by the laws in force in the State of Maryland. The offer and acceptance of this contract are deemed to have occurred in the State of Maryland.
18. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Maryland. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the District Court of the State of Maryland (“Small Claims Court”) in accordance with Title 3 of the Maryland Rules (“Civil Procedure – District Court”) as well as all other applicable law.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of the drafting of this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, From the Farmer shall have the sole right to elect which provision remains in force.
From the Farmer reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of any such changes.
(Last Modified: May 8, 2016)
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“From the Farmer” refers to our company, known as “From the Farmer LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the goods and services that we provide through our Site, including the farmer’s market goods sold through our Site and our Site itself;
“Site” refers to our website, www.fromthefarmerdc.com;
“User” refers to anyone who uses our Service, including general visitors to our Site;
3. Information Collected
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:
• Enhance or improve User experience, our Site, or our Service.
• Process transactions.
• Send e-mails about our Site or respond to inquiries.
• Send our e-mail newsletter.
• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
6. Third Party Websites
From the Farmer may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by From the Farmer, and you release us from any liability for the conduct of these third party websites.
Additionally, our Service uses Google AdSense, which uses the DoubleClick cookie. For more information about the DoubleClick cookie, including how to opt out of it, please feel free to visit https://support.google.com/adsense/answer/2839090?hl=en.
8. Third Party Access to Your Information
Although you are entering into an Agreement with From the Farmer to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, and otherwise use your information in conjunction with:
• Google Analytics
• Delivery Biz Pro
9. Release of Your Information for Legal Purposes
At times it may become necessary or desirable to From the Farmer, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
11. Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your California Privacy Rights