Terms of Service
HELLO AND WELCOME TO FARMERS MARKETS TO GO.
FARMERS MARKETS TO GO IS OWNED AND OPERATED BY FMTG, LLC, A FLORIDA LIMITED LIABILITY COMPANY. WE’RE HAPPY THAT YOU’RE HERE AND HOPE YOU ENJOY OUR WEBSITE. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH WE OFFER YOU ACCESS TO OUR SITE.
We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of these Terms of Service. By visiting our Site and/or purchasing something from us, you are using our “Service” and agree to be bound by these Terms of Service, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
LICENSE AND ACCESS Subject to the terms and conditions of these Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and make personal and non-commercial use of. This license does not include: any resale or commercial use of any of the Site, Services or any of our content, or any portion of the foregoing; any collection and use of any product listings, descriptions, or prices; or any derivative use of any Services or content. Any downloading or copying of content, code or account information for the benefit of another party is prohibited unless we agree in writing. No parts of our Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our written consent. You may not utilize any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) and you may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.. The licenses granted by us will terminate automatically if you do not comply with these Terms of Service.
SECTION 1 – GENERAL TERMS
You may not use our products, Services or Site for any illegal or unauthorized purpose nor may you, in the use of the Site or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of any destructive nature.
We reserve the right to refuse service to anyone for any reason at any time.
We may decline an order, for any reason or no reason, and subject to a refund, may cancel any accepted order at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree to allow us to you your data for the use of our Service.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any products.
SECTION 4 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made reasonable efforts to accurately display the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – USING OUR SITE
Contingent upon availability or other cause for declining your purchase order, your credit card account or payment method may be charged upon submission of any order or at fulfilmet, regardless of such order’s content. Applicable taxes, if any, may be added to your order, depending on your location of delivery or the type of products you purchase.
If your order has been cancelled or declined for any reason, either before or after acceptance, we will make reasonable efforts to contact you to inform you of its cancellation or non-acceptance. Should an order which uses an incorrect, expired, or declined credit card be processed, reserve the right to collect payment for such transaction, and you agree to be liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in its efforts to collect such unpaid balance from you, plus interest.
We have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, we will issue a prompt and full refund for the transaction amount to the credit card charged.
Upon our delivery, we are not responsible for any damage or loss. We reserve the right to deliver partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of products purchased by you through the Service will be delivered within the time period specified for the delivery method you have selected.
We recommend that all your items be checked immediately upon delivery. Deliveries cannot be made to a P.O. Box or other unattended address (if they are, we are not liable for any lost goods) AND YOUR PHONE NUMBER IS ESSENTIAL FOR deliveries. You are responsible for arranging for an individual to be present at the time of delivery and for the products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. We are should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. We are not responsible should you enter any incorrect or inaccurate destination data in your order.
SECTION 6 – RETURNS AND REFUNDS
We want you to be completely satisfied with your order. Email email@example.com and we will communicate to the vendor and try to make it right.
We sell food and non-food products, and we do not offer any return services, and all sales are final.
We’re committed to providing you with a great experience; if you are dissatisfied with a product you purchased, please contact us at firstname.lastname@example.org within twenty-four (24) hours of receipt.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns and Refunds Policy.
SECTION 8 – LINKS
Certain content, products and services available via our Service may include optional tools, links to or materials from third parties. Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party tools, materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, materials, tools or any other transactions with third parties. You acknowledge and agree that we provide access to such tools, links and materials ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 9- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries, comments, reviews, survey responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Service or on any related website, should be taken to indicate that all information in the Site, Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Farmers Markets To Go (FMTG, LLC), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees and expenses (including any incurred in enforcement of the provision) due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by cease all use of using our Site and Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and/or Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Farm To People LLC or its content suppliers. Your use of the site does not transfer to you any ownership or other rights in these. The content on this site is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FarmToPeople and protected by U.S. and international copyright laws.
SECTION 18 -TRADEMARKS
In addition, the graphics, logos, page headers, button icons, scripts, and service names of Farm to People are trademarks, or trade dress of FMTG, LLC, and are protected under applicable law in the US and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written approval in each instance. All other trademarks not owned by FMTG 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 FMTG.
SECTION 19 – COPYRIGHT COMPLAINTS
Farm To People respects the intellectual property of others. If you believe that your work has been used on our site in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement.
Materials may be made available on the Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you must provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
FMTG , LLC 470 Ansin Blvd. Unit D/E, Hallandale Beach, FL 33009 Email: email@example.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
SECTION 20 – GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service and your use of the Service and Site will be governed by and construed in accordance with the internal laws of the State of Florida without regard to its conflicts of laws principles. If a dispute arises under these Terms of Service, or otherwise with respect to the Service or Site, which cannot first be resolved through good faith negotiations, the dispute will be submitted to arbitration and resolved by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect as modified herein. All arbitration will be confidential and take place at the office of the American Arbitration Association located in or closest to Hallandale Beach, FL. The award or decision rendered by the arbitrator is final, binding and conclusive and judgment may be entered upon the award by any court of competent jurisdiction. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Or mailed to:
470 Ansin Blvd. Unit D, Hallandale Beach, FL 33009