TERMS AND CONDITIONS
Effective Date: July 2, 2014
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States and possessions of applications, websites, content, products and services (“Service”) made available in the United States offered by Local Roots (“Local Roots”) via mobile applications and the Local Roots website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this agreement, the words “including” and “include” mean “including, but not limited to.”
Local Roots may amend the Terms related to the Service periodically. Changes made will be effective upon Local Roots’ posting of such updated Terms at this location or on the applicable Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by these Terms, as amended.
Local Roots is a technology platform that enables users of Local Roots’ mobile applications or websites provided as part of the Service to connect, arrange and schedule home or work delivery of local produce and other food/grocery products with third party providers of such services, including independent third party farmers and product providers under agreement with Local Roots. Local Roots provides a connection platform for consumers with local farmers and artisans in their neighborhoods. Local Roots has no relationship with Customer other than to support the Service as set forth in this Agreement. Local Roots does not have control over the quality, timing of delivery, failure of delivery, or any other aspect associated with the third party vendors.
Customers acknowledge that Local Roots does not provide delivery or logistic services or function as a grocery store. Local Roots’ services may be used by you to request and schedule delivery with third party providers, but you agree that Local Roots has no responsibility or liability to you related to any produce or food/grocery products provided to you by third party providers through the use of the services other than as expressly set forth in these terms. Local Roots does not guarantee the suitability, safety or ability of third party providers. It is solely your responsibility to determine if a third party provider will meet your needs and expectations. Local Roots will not participate in disputes between you and a third party provider. By using the Service, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, or otherwise objectionable and that use of third party providers arranged or scheduled using the Service is at your own risk and judgment. Local Roots shall not have any liability arising from or in any way related to your transactions or relationship with third party providers.
YOU ACKNOWLEDGE THAT NEITHER LOCAL ROOTS NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT OF ANY FARMER OR THIRD PARTY PROVIDED SERVICES. NEITHER LOCAL ROOTS NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE FARMERS OR THIRD PARTY PROVIDERS, YOU HEREBY RELEASE LOCAL ROOTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Subject to your compliance with these Terms, Local Roots grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications and website on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information or related materials that may be made available through the Service, in each case for your personal, noncommercial use.
Unless otherwise stated, all rights to all materials, contents, layout, images, text, design of Local Roots mobile applications and website are proprietary to Local Roots and its affiliates. Neither of these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service excepted for limited license granted above; or (ii) to use or reference in any manner Local Roots’ company names, logos, product and service names, trademarks or service marks or those of Local Roots’ licensor. The users of the Service may browse material displayed on the Service for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted in other mediums for commercial purposes. Copying, reproduction, republication, downloading, translation, distribution or transmission of any portion of the Service, as well as derivative works from the Service, is strictly prohibited.
In order to use most aspect of the Service, you must register for and maintain an active personal user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit certain Personal Information, such as your name, address, mobile phone number, as well as one valid credit card. You agree to maintain accurate and up to date information in your Account. You are responsible for maintaining the confidentiality of any password or account username provided by you or Local Roots for accessing the Service. Your failure to maintain accurate and complete Account information may result in your inability to access and use the Service or Local Roots’ termination of this Agreement with you. You are responsible for all activity that occurs under your Account. Should you suspect that any unauthorized party might be using your password or account, you must notify Local Roots immediately.
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CHANGES MAY BE MADE PERIODICALLY TO THE SERVICE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOCAL ROOTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE LOCAL ROOTS WEBSITE. LOCAL ROOTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LOCAL ROOTS SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LOCAL ROOTS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
LOCAL ROOTS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LOCAL ROOTS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. LOCAL ROOTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. LOCAL ROOTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. LOCAL ROOTS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
LIMITATION OF LIABILITY
YOU AGREE THAT LOCAL ROOTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE; (II) THE LIABILITY OR FITNESS OF ANY FARMER OR ARTISAN OR THIRD PARTY PROVIDED SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF LOCAL ROOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT LOCAL ROOTS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL LOCAL ROOTS’ TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO LOCAL ROOTS HEREUNDER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless Local Roots and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Local Roots shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Local Roots may modify or discontinue the Service, or may modify, suspend or terminate your access to the Website or the Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Service, Local Roots reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Service is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All provisions, which by their nature should survive to give effect to those provisions, shall survive the termination of this Agreement.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Atlanta, Georgia utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
GOVERNING LAW AND SEVERABILITY
The laws of the State of Delaware govern this Agreement, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Website is void where prohibited.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
CHANGES TO THE AGREEMENT
Local Roots reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
If you have any questions about the Terms or your dealings with our Service, you may contact us in the following ways:
- Email us at email@example.com. We usually reply within 24 hours.
- Call our customer service number at 888-628-6609 ext. 0.
For all other inquires, please email: firstname.lastname@example.org
We want to make sure you are 100% happy with your purchase. Please contact us within 24 hours of delivery if you run into any issues.
- Email us at email@example.com. We usually reply within 24 hours.
- Call our customer service number at 888-628-6609 ext. 0.