OurHarvest Terms and Conditions of Use

Welcome to OurHarvest.com! OurHarvest LLC and/or its affiliates (collectively, “we,” “us,” or “OurHarvest”) provide website features and other products and/or services to you when you visit OurHarvest.com, use and/or consume OurHarvest products or services, and/or use OurHarvest mobile applications (collectively, “OurHarvest Products”). OurHarvest provides the OurHarvest Products subject to the following terms and conditions of use (collectively, the “Terms”). By using OurHarvest Products, including, without limitation, this site, you expressly agree to and accept the Terms without any modification or alteration thereof. The Terms form a binding legal agreement between you and OurHarvest. Please read them carefully and keep a copy of them for your reference.

Registration

OurHarvest offers online food and beverage shopping to persons who are at least 18 years old and who are registered users of this site. The only means by which an individual may register with OurHarvest is online through this site. When you do so, you agree to provide us with accurate and complete information including, without limitation, your name, billing address, a valid credit card account number, security code and expiration date, and your phone number (“Customer Registration Data”). You will promptly notify us of any changes to your Customer Registration Data.

Privacy

Please read our Privacy Policy, which also governs your use of OurHarvest Products, to understand our practices. The Privacy Policy is incorporated into the Terms as an integral part hereof.

Electronic Communications

When you use this site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us, as well as any third party delivery service with whom we work, electronically including, without limitation, e-mails relating to order status, delays, cancellations, refunds, referrals, product availability, newsletters, promotions, surveys, sweepstakes, any loyalty program we may offer, and other information relating to our business. We will communicate with you by e-mail or by posting notices on this site or through other OurHarvest Products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.

Copyright

All content included in or made available through any OurHarvest Product, including, without limitation, text, graphics, logos, button icons, images, design, audio clips, digital downloads, and data compilations, is the property of OurHarvest or its content suppliers and is protected by United States and international copyright laws, as applicable.

Trademarks

Graphics, logos, page headers, button icons, scripts and service names included in or made available through any OurHarvest Product are trademarks, trade dress or otherwise proprietary property of OurHarvest in the United States. OurHarvest’s trademarks, trade dress and proprietary property may not be used in connection with any product or service that is not the property of, or authorized by, OurHarvest, in any manner that is likely to cause confusion among customers, or in any manner that disparages, discredits, tarnishes or otherwise harms OurHarvest or dilutes OurHarvest’s brand. All other trademarks not owned by OurHarvest that appear in any OurHarvest Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OurHarvest, and OurHarvest makes no representations and/or warranties relating to such other trademarks.

License and Access

Subject to your compliance with these Terms and, to the extent applicable, your payment of any applicable costs and fees, OurHarvest or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OurHarvest Products. This license does not include any resale or commercial use of any OurHarvest Product, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OurHarvest Product or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by OurHarvest or its licensors, suppliers, publishers, rightsholders, or other content providers. No OurHarvest Product, nor any part of any OurHarvest Product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express, prior written consent of OurHarvest. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of OurHarvest without express, prior written consent of OurHarvest. You may not use any meta tags or any other “hidden text” utilizing OurHarvest’s name or trademarks without the express prior written consent of OurHarvest. You may not misuse the OurHarvest Products. You may use the OurHarvest Products only as permitted by applicable law. If you do not comply with these Terms or any other service terms that may be applicable from time to time, the licenses granted by OurHarvest hereby shall automatically terminate without any further action necessary by OurHarvest or any other party. OurHarvest reserves the right to revoke any authorizations noted herein at any time, and any use shall be discontinued immediately on written notice from OurHarvest.

As a condition of your use of OurHarvest.com, you warrant to OurHarvest that you will not use OurHarvest.com for any purpose that is unlawful or prohibited by these Terms. You may not use OurHarvest.com in any manner that could potentially damage, disable, overburden, impair, or otherwise negatively impact OurHarvest.com or interfere with any other party's use and enjoyment of OurHarvest.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through OurHarvest.com. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any content on this site 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 OurHarvest.com without prior written permission from OurHarvest in each instance. Products available on OurHarvest.com are not intended for resale. Your use of OurHarvest.com does not entitle you to make any unauthorized 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 OurHarvest and the copyright owner in each instance. 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 OurHarvest or our licensors except as expressly authorized by these Terms.

Your Account

If you use any OurHarvest Product, you are responsible for maintaining the strict confidentiality of your account and password and for restricting access to your computer or other device on which you use any OurHarvest Product in order to prevent unauthorized use. You agree to accept sole and full responsibility for all activities that occur under your account or password. You agree to promptly notify OurHarvest of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any and all uses of OurHarvest Products until you notify OurHarvest, in each instance, of such unauthorized use, loss or theft. You may not assign or otherwise transfer your account to any other person or entity. You hereby agree and acknowledge that OurHarvest is not responsible for third party access to your account that results from theft or misappropriation of your account. OurHarvest does sell products for children, but it sells them to adults, who can make such purchases with a credit card or other permitted payment method. OurHarvest does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use OurHarvest.com only with involvement of a parent or guardian. OurHarvest reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion.

Reviews, Comments, Communications, and Other Content

OurHarvest provides promotional and other content through various social media platforms including, without limitation, via Facebook, Twitter, Instagram, and Pinterest. You acknowledge that any articles, posts (including blog posts), comments, photographs or other material that is or may be shared by OurHarvest does not mean that OurHarvest endorses such articles, posts, comments or other material or that OurHarvest shares the views expressed therein. Such material may be shared for informational, promotional or other purposes. While certain material shared by us may relate generally or specifically to nutritional recommendations, recipe and/or product suggestions or other information relating to healthy living, we strongly encourage individuals to speak to their own physicians, advisers, health care practitioners or other experts to ensure that they make appropriate decisions about food purchasing and consumption and other lifestyle choices that are suitable for them. OurHarvest may at times feature content on its website and/or any of its social media platforms provided by or relating to chefs, nutritionists, dietitians, healthy living coaches, fitness coaches or instructors and others. Any suggestions or recommendations contained in or relating to such content should be followed or tried at your own risk, and you agree not to hold OurHarvest responsible for the dissemination of any such material in any respect.

Visitors to OurHarvest’s social media pages may use such social media pages to submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or is otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment, post, or other comment. OurHarvest reserves the right (but not the obligation) to remove or edit such activity or content in its sole and absolute discretion without notice to any users, though OurHarvest may choose not to regularly review such posted content in its sole and absolute discretion.

If you do post content or submit material, and unless we indicate otherwise, you grant OurHarvest a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content through the world in any media. You grant OurHarvest and sub-licensees the right to use the name that you submit in connection with such content, if we and they choose to do so in our and their discretion, as the case may be. You represent and warrant that you own or otherwise control all of the rights to the content that you post and/or share via our social media pages; 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 and hold harmless OurHarvest from and against any and all losses, claims, costs, expenses, fees, fines, suits, actions, penalties and other injuries resulting from content you supply. OurHarvest takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

OurHarvest respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Product Descriptions

OurHarvest attempts to be as accurate as possible. However, OurHarvest does not represent or warrant that product descriptions or other content relating to any OurHarvest Product is accurate, complete, reliable, current, or error-free. If a product offered by OurHarvest is not as described, your sole remedy is to promptly return it in unused condition.

Other Businesses

From time to time, OurHarvest may contain or provide links to other websites (“Linked Sites”). The Linked Sites are not under the control of OurHarvest, and you agree and acknowledge that OurHarvest 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. OurHarvest may provide such links to you only as a convenience, and the inclusion of any link does not imply endorsement by OurHarvest of the site or any association with its operators, or that OurHarvest deems such site to be safe for use. OurHarvest is not responsible for examining or evaluating, and OurHarvest does not warrant the offerings of, any of these businesses or individuals or the content of their websites. OurHarvest does not assume any responsibility or liability for the actions, products, and/or content of any third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranty and Limitation of Liability

YOUR USE OF THE OURHARVEST PRODUCTS AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE OURHARVEST PRODUCTS AND RELATED CONTENTS ARE ALL PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, OURHARVEST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OURHARVEST DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY OURHARVEST.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OURHARVEST.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER OURHARVEST NOR ANY OF ITS FOUNDERS, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, CONSULTANTS, AGENTS, ADVISORS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE OURHARVEST PRODUCTS, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH OURHARVEST. OURHARVEST’S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY OURHARVEST AND WHICH ARE TIMELY RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material on OurHarvest.com is provided for lawful purposes only. OurHarvest controls and operates OurHarvest.com from its headquarters in Hicksville, New York, USA and makes no warranty or representation that these materials are appropriate or available for use in other locations. If you use OurHarvest.com from other locations, you are responsible for compliance with applicable local laws.

Site Policies, Modification, and Severability

We reserve the right to make changes to our site, our policies, and these Terms at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, such term or condition, as the case may be, shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

OurHarvest LLC


7 Willis Court


Hicksville, NY 11801
http://www.ourharvest.com

How to Serve a Subpoena

If you have a subpoena to serve on OurHarvest, please note that OurHarvest does not accept service via e-mail or fax and will not respond to any subpoena delivered in this fashion. All subpoenas must be properly served on OurHarvest by mailing the subpoena to the New York Department of State at the following address in accordance with the instructions outlined by the New York Department of State set forth here: http://www.dos.ny.gov/corps/faq_service_of_process.page.asp:

New York Department of State


One Commercial Plaza


99 Washington Avenue


Albany, NY 12231

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information, the applicable date(s) and location(s) of purchase/pick-up/delivery, and the product(s) purchased thereby.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report to us in writing with the following information:

1.      A physical signature of the person authorized to act on behalf of the owner of the copyright interest;


2.      A description of the copyrighted work that you claim has been infringed upon;


3.      A description of where the material that you claim is infringing is located on the site;


4.      Your address, telephone number, and e-mail address;


5.      A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;


6.      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

OurHarvest can be notified of claims of copyright infringement on its site at the following address:

OurHarvest LLC


7 Willis Court


Hicksville, NY 11801


Attention: Legal Counsel


E-mail: info@ourharvest.com

Please note that this procedure is exclusively for notifying OurHarvest that your copyrighted material has been infringed.

EBT/Food Stamps

Due to USDA Internet restrictions and limitations, Electronic Benefit program payments (EBT or Food Stamps) for internet food purchases are not accepted at this time.

Refund Policy

We want you to be completely satisfied with your order. If you’re not satisfied, please let us know at info@ourharvest.com. We will evaluate each situation on a case-by-case basis and will do our best to satisfy you. OurHarvest reserves the right, but not the obligation, to issue refunds or credits toward current or future purchases in its sole and absolute discretion. In the event you are not satisfied with your order, you agree to contact us within 24 hours of the Market Day (as defined below) at which you made the applicable pick-up or received the applicable delivery. We may need to promptly see the item(s) of concern to determine the cause of the issue before we issue a credit or refund, and in such instance, you agree to deliver to us, at your own expense, the item(s) in question. If the quality of a product does not meet your expectations, we ask that you send us a photo of the product so we can determine if a refund is appropriate.

Referral Program

OurHarvest is pleased to offer a referral program that rewards customers who refer their friends and family. There are two means by which OurHarvest is able to track referrals made by users as outlined below, and in order to be rewarded for a referral, a user must validly use one of these methods in accordance with the Terms. For the avoidance of doubt, users who make referrals through any other means will not be rewarded unless otherwise specified by OurHarvest in its sole and absolute discretion in each instance.

Referral Link

The first means by which a user may make a valid referral is via a referral link. Each registered user of this site has a customized referral link that is specific to such user. The link may be found on this site under the prompt that is labeled “My Account” under the sub-heading “Account Information” – it is the link that appears under “Referral Link.” Users may share such link with as many individuals as they choose.

E-mail Invitations

The second means by which a user may make a valid referral is by entering an individual’s e-mail address in the “Refer Friends & Family” prompt that also falls under “My Account.” In this instance, our site will generate an automated e-mail to each e-mail address that is entered, and such e-mail will contain a link to our site.

For each first-time customer (i.e., a customer who has not previously registered and placed an order with OurHarvest) that completes a purchase of OurHarvest Products through an individual’s customized link or through the link provided in the automated e-mail invitation, as the case may be (each, a “Referred Customer”), the individual making such referral (the “Referring Customer”) will receive a $20.00 credit in their account that is valid and may be used for a period of sixty (60) days from the date the credit is received, at which time such credit will expire and no longer be valid or appear in such individual’s account. The $20.00 credit will be issued to the Referring Customer on the date that a Referred Customer has been charged for his/her order (i.e., the Market Day in which they have placed their first order or the date of their first delivery, as the case may be). OurHarvest may, but shall not be required to, notify you via the e-mail address you have on file in your account that a purchase has been made through your referral link or via an e-mail invitation, as the case may be.  To use your referral credit during the sixty (60) days following receipt thereof, click on the prompt that is labeled “Use your referral cash” under the heading “My Referral Cash” that appears on the checkout page. You may use all of your available referral cash or a portion thereof prior to the applicable expiration date(s) of such referral cash. If a user validly uses his/her referral cash toward a purchase of OurHarvest Products, and such user subsequently cancels such order, the referral cash used thereby will not be credited back to such user’s account and will be deemed to have been used, notwithstanding the fact that the purchase was canceled.  To prevent abuse and unauthorized use of this referral program, customers that share the same internet protocol address, billing information, phone number or other contact information are not permitted to refer one another and receive referral cash. OurHarvest reserves the sole and absolute right, in its sole discretion, to deny giving any credit to an individual who, knowingly or otherwise, abuses this policy.

OurHarvest reserves the right, in its sole and absolute discretion, to change any and all features, terms and/or conditions of this referral program including, without limitation, the dollar amount of such referrals, the means or methodology by which valid referrals may be made, the expiration period associated with referral cash, the number of people who may be eligible to participate in such referral program, the existence of the referral program, whether or not there is an economic incentive for prospective Referred Customers to make a purchase (such as a coupon code or anything else), and other items relating thereto by updating these Terms on this site.

Loyalty Program and Ambassador Program

MyCarrots is the OurHarvest rewards program designed to reward loyal customers for their purchases with us (the “Program”). Participation in the Program, and the benefits of the Program, are offered at the sole and absolute discretion of OurHarvest. By participating in the Program, you agree to strictly adhere to these Terms.

Upon creating an account with OurHarvest, and provided that you are at least 18 years of age, you are eligible to participate in the Program and earn points, or “Carrots.” As you shop, you accumulate Carrots in your account. As explained in more detail below, the accumulation of Carrots can, in certain instances, lead to free gift cards to be used on future purchases with us.

We reserve the exclusive right to disqualify any person from participating in the Program at any time if, in our sole judgment, that person appears to be violating these Terms, making purchases for a business for resale, manipulating the Program, or otherwise acting in a manner inconsistent with the Program’s intent. If a user is disqualified, they forfeit their Carrots and all outstanding gift cards they may earn, or have earned, in connection with the accumulation thereof. In the event you manipulate or otherwise abuse the Program and wrongfully obtain coupons, we reserve the right to charge the credit card you have on file for the amount of the coupons you may have used. If we deactivate your MyCarrots account due to abuse or manipulation of the Program, membership in the Program will terminate immediately and your Carrots, as well as any coupons you may have earned, will be forfeited.

There are two membership levels within the Program. The default membership for a user is “MyCarrots” status, in which users earn 1.5 Carrots for each $1.00 actually spent on this site. The following items are excluded from the calculation of money actually spent on this site (i.e., users do not earn Carrots in connection with the payment of these items): any sales tax, delivery fees, redeemed gift cards and/or coupons, promotional items, giveaways, referral credits and refunds (collectively, the “Excluded Items”). Once a user has accumulated 2,500 Carrots, such user will be elevated to the Rainbow Carrots status. At this level, users earn 2 Carrots for each $1.00 actually spent on this site, excluding the Excluded Items. For every 1,000 Carrots that a user accumulates, he/she will receive via e-mail (to the address on file for their account) a coupon code entitling them to $10.00 off a future purchase. Such coupon code will be valid for one month. If not used during such period, such coupon will expire. At the same time he/she receives the e-mailed coupon code, 1,000 Carrots will be deducted from his/her MyCarrots account in exchange for the coupon code. Such deduction will be made whether or not such user actually uses the coupon. This deduction is made from the Current Total (as defined below).

You can check the number of Carrots in your account at any time by clicking on the “MyCarrots Rewards” prompt in the “My Account” dropdown. The number of Carrots in your account will change with each purchase you make. All activity in your account will be treated as activity in your account and in no other person’s account. Carrots will be added to your account upon the completed fulfillment of each order (i.e., not when you place an order).

Carrots are awarded to users on a rolling basis and are tracked on three metrics:

1.     A user’s overall total Carrots accumulated (the “Overall Total”).

2.     A user’s current total Carrots accumulated (the “Current Total”).

3.     A user’s total Carrots accumulated within certain time periods, as explained below.

The Overall Total is tracked for purposes of quantifying how many Carrots a user has accumulated since their first purchase with OurHarvest. The Current Total is tracked for purposes of quantifying the number of Carrots a user currently has, as adjusted for coupons distributed to such user.

In addition, there are two rolling periods that we track. The first such period is the 1-year period (the “First Year Period”) that begins on the date of a user’s first purchase with OurHarvest. If a user accumulates at least 2,500 Carrots within the First Year Period, he/she is elevated to the Rainbow Carrots status as of the date he/she accumulates a cumulative total of at least 2,500 Carrots (the “Promotion Date”). If a user reaches this status, a new 1-year period begins on the Promotion Date (the “New Period”). A user who achieves the Rainbow Carrots status will remain at such status for the duration of the New Period. In order to maintain this status for the year immediately following the New Period, a user must accumulate at least 2,500 new Carrots during the New Period. If the user does not do so, he/she returns to the MyCarrots status. In order to attain the Rainbow Carrots status again, the user must accumulate at least 2,500 Carrots during any one-year period that begins on an anniversary of the Promotion Date (i.e., within a twelve month period that begins annually on the anniversary of the Promotion Date). If a user again achieves this status, the same rules as outlined above apply, which requires the user to accumulate at least 2,500 Carrots during the applicable one-year period from the new Promotion Date in order to maintain such status. In the event a user never achieves the Rainbow Carrots status, he/she will remain at the MyCarrots status indefinitely.

For purposes of illustration, suppose that a user had his/her first order with OurHarvest fulfilled on February 10, 2015. As of this date, the user defaults to have MyCarrots status. The user would have until February 10, 2016 to accumulate 2,500 Carrots in order to be elevated to the Rainbow Carrots status. If the user does not accumulate at least 2,500 Carrots during this period, then the user would continue to have MyCarrots status. To achieve the Rainbow Carrots status in the future, the user would have to accumulate at least 2,500 Carrots within a one-year period from any February 10 to the following February 10 thereof. If, on the other hand, the user does accumulate at least 2,500 Carrots on, say, October 1, 2015, then October 1 becomes the new anniversary date that is relevant. The user would become a member of the Rainbow Carrots status on this date and would retain this status until October 1, 2016. In order to maintain the status for the following year (i.e., until October 1, 2017), the user would have to again accumulate at least 2,500 Carrots during the one-year period that begins on October 1, 2016. The process repeats on this anniversary date each year, and if the user does not accumulate the required Carrots, he/she will return to MyCarrots status.

OurHarvest may terminate the Program at any time, with or without notice, which may result in loss of accumulated Carrots and the cancellation of all benefits and privileges associated with the Program. OurHarvest reserves the right to limit, delete or change any of the rules, terms, conditions, rewards, benefits, tier structure or any other element of the Program at its sole discretion, with or without notice, at any time. Interpretation of these Terms shall be at the sole discretion of OurHarvest, whose decision will be final, conclusive and non-appealable. OurHarvest has the right to close your MyCarrots account for any reason and to forfeit any Carrots and/or coupons you may have accumulated.

Any gift card or coupon a user receives in connection with their accumulation of Carrots will not automatically be applied to any purchases. The user bears the responsibility of applying any such gift card or coupon during the period in which such gift card or coupon is valid. 

Any tax liability connected with receipt or use of any gift card or coupon is the user’s sole responsibility. The Program is void wherever it may be prohibited by applicable law.

A user’s Carrots are not transferable in the event of death, as part of a domestic relations matter, or for any other reason. The sale or barter of any Carrots is strictly prohibited. Events beyond OurHarvest’s control, including, without limitation, computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow us to suspend or terminate the Program in our sole and absolute discretion. In such instance(s), we will use our best efforts to communicate with our users any such suspension or termination in a reasonable time period in light of the applicable circumstances.

By participating in the Program, you consent to the release of information relating to you and your account to third parties that may work with us from time to time to administer or otherwise carry out the Program and/or any contest, sweepstakes, prize, raffle or other element thereof, however it may relate to the accumulation of Carrots or participation in the Program.

Users will not be able to use their Carrots or any coupons if they have any open disputes with us about billing or any other matter. We reserve the right to forfeit a user’s Carrots in our sole and absolute discretion.

Carrots may not be transferred from one user to another. Carrots have no cash value and may not be traded in for cash. The only value Carrots have is that, once accumulated at certain thresholds, a user will be entitled to receive coupons as outlined above. Users cannot combine their accounts to “pool” their Carrots or otherwise combine their Carrots. If a user purchases a gift card for another user, the individual who purchases the gift card will be the recipient of Carrots in connection with the purchase – not the recipient of the gift card. 

From time to time, OurHarvest may elect to award “bonus” Carrots in connection with the purchase of certain products, or in connection with users who shop in a specified time window or in specific markets. Similarly, OurHarvest may elect to offer “bonus” Carrots in connection with promotional contests, giveaways, raffles and/or other contests. OurHarvest reserves the right to make such offers in its sole and absolute discretion at any time, without notice to any users. Any such allocation of “bonus” Carrots may be changed by OurHarvest in its sole and absolute discretion at any time. 

Carrots will not be awarded in connection with third party offers. If, for example, a user purchases an OurHarvest coupon that is listed for sale on a platform other than via any of the OurHarvest Products, any purchase on this site using such coupon will not entitle the user to accumulate Carrots in connection with the amount of such coupon.

When a refund is processed, the total number of Carrots awarded in connection with a purchase will be adjusted to account for the refund. Similarly, a user that receives a refund may be moved to a different status if their Carrot total is reduced below an applicable status threshold. 

A user that does not make a purchase on this site for a period of four (4) months will lose all of his/her Carrots. Any future purchases made by such user will be treated as if the user is using the site, and making purchases, for the first time.

All communications relating to the Program will be sent to the email address we have on file for you. Communications delivered to the email address on file will be deemed to have been received by you one business day after such communications have been sent. You agree that we may send to you promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to OurHarvest and/or any additional data OurHarvest may maintain. Should you wish to cease receiving communications at any time, please contact us at info@ourharvest.com to make your request.

OurHarvest has an ambassador program (the “AP”) in which users may earn Carrots, discounts, donations, and/or other perks by helping to spread awareness about OurHarvest and serving as ambassadors (each, an “Ambassador”). Participation in the AP is subject to these Terms in all respects. You agree that if you participate in the AP, that OurHarvest, in its sole and absolute discretion, may discontinue the AP at any time, and that OurHarvest may similarly discontinue your involvement in the AP at any time. OurHarvest reserves the exclusive right to suspend and/or terminate any of the perks, benefits, rules, conditions, rewards, discounts, donations, structure or other elements of the AP (including the existence of the AP) at its sole discretion, with or without notice, at any time. In any such instance, any Carrots or other perks you may have accumulated as part of the AP may be forfeited without consideration. OurHarvest may discontinue the AP, or your participation in it, without notice to you. Different participants in the AP may receive different perks, benefits, donations, discounts, and/or rewards than other participants in the AP, and OurHarvest does not have the obligation to notify any user of such fact. By participating in the AP, you represent and warrant to OurHarvest that you will not present OurHarvest in a negative light (whether orally, in writing, or in any other format), and that you will not tarnish or otherwise dilute the OurHarvest brand in any fashion (whether orally, in writing, or in any other format). In the event OurHarvest notifies you that your participation in the AP will be suspended and/or terminated, you hereby agree that you will not defame any past or present employees, owners, affiliates, advisers, contractors or consultants of OurHarvest. You similarly agree not to post any negative material about OurHarvest on any form of social media or in other public forums. You also agree that any information you receive from OurHarvest in connection with your participation in the AP that appears to be confidential or otherwise proprietary, whether orally, in writing, or through this site will be kept in strict confidence by you as if the information were your own confidential or proprietary information. Such responsibility survives the suspension and/or termination of your participation in the AP indefinitely. Should you wish to cease your participation in the AP, you shall notify OurHarvest of this in writing by sending an e-mail to this effect to info@ourharvest.com.

By participating in the AP, you further agree to expressly permit OurHarvest to refer to your participation in the AP on any of the OurHarvest Products and on any form of social media administered by us. Such information may include, without limitation, your name, your status as an Ambassador, any quotes or testimonials you may make in connection with your participation in the AP, or other information relating to your promotion of OurHarvest. If you serve as an Ambassador, you covenant to act reasonably in connection therewith and to use your best efforts to help promote OurHarvest in whatever fashion upon which we agree.

In no event will OurHarvest or any of its employees, owners, affiliates, advisers, contractors or consultants be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connection with the Program and/or the AP. You agree that any disputes arising out of or related to the Program and/or the AP will be handled individually without any class action, and will be governed by the dispute resolution procedures outlined in these Terms.

Participation in the Program and/or the AP, including, without limitation, the earning and redeeming of Carrots or other perks, discounts, and donations, are subject to all applicable local laws and regulations. Membership in the Program and/or the AP are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States. If any part of these Terms as they relate to the Program and/or the AP is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms in such jurisdiction and the remaining provisions will remain in force.

This section of the Terms, which relates to the Program and the AP, constitutes the entire agreement between OurHarvest and you relating to the subject matter hereof, and it supersedes any other understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

OurHarvest makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Program and/or the AP.

OurHarvest is not responsible for: (a) theft or unauthorized redemption of Carrots; (b) any acts or omissions of third parties; (c) any errors published in relation to the Program and/or the AP including, without limitation, any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Carrots in your account or those of anyone else. OurHarvest reserves the right to correct, without notice, any errors that may from time to time be identified.

Market Days / Order Pick-ups

In certain instances, OurHarvest may deliver products to customers (for more detail, see the “Delivery” section further below). In other instances, OurHarvest utilizes various community pick-up locations at which customers must pick-up their pre-ordered and prepaid products. The information contained in this section (“Market Days / Order Pick-ups”) relates to instances in which customers pick-up their pre-ordered and prepaid products.

When customers visit the homepage of this site, they are asked to select a specific pick-up location, date, and time (each, a “Market Day”) at which they will be responsible for picking up their products (unless a delivery option is available and used). Each Market Day has a list of products and prices that are specific to such Market Day. Customers select which products they want as well as the quantity of each such product based on what is available, and customers enter their payment information on this site in order to process an order to be picked up on a Market Day during the specified hours, on the specified date, and at the specified location. Customers who place orders for a specific Market Day who do not arrive during the specified hours, on the specified date, and at the specified location of such Market Day will nonetheless be charged in full for the entirety of their purchase. It is each customer’s sole responsibility to arrive during the specified hours, on the specified date, and at the specified location of such Market Day (which he/she select in his/her discretion) to pick-up his/her order. By placing any order with OurHarvest, you agree and acknowledge that the aforementioned responsibilities must be borne by you, and you further authorize OurHarvest to charge your credit card or other payment mechanism in full for the entirety of your purchase on the date of the applicable Market Day, regardless of whether or not you arrive during the specified hours, on the specified date, and at the specified location of each Market Day in which you choose to participate and place orders. Customers are charged for their orders on the date of the Market Day regardless of whether they have picked up their products. With respect to each Market Day, customers may place orders and change their orders until a specified “cut-off” time, or order deadline (an “Order Deadline”), which is set by OurHarvest in its sole and absolute discretion with respect to each Market Day and will be noted on this site. Once an Order Deadline has passed, customers are no longer permitted to change or cancel orders that they have placed and will be charged for the entirety of the orders they have placed on the applicable Market Day. For the avoidance of doubt, customers are not permitted to change their orders on-site at a particular Market Day and are only permitted to pick-up their pre-ordered, pre-paid products. Due to changing market conditions or other commercial constraints, OurHarvest reserves the right, in its sole and absolute discretion, to alter, substitute or remove a product that a user has ordered both before and after an applicable Order Deadline has passed for any reason. In such circumstance, you will of course not be charged for any removed items.

When picking up products at a particular Market Day, Customers are asked to bring either an electronic copy or a hard copy of the receipt they are sent at the time they place an order with OurHarvest. If a customer does not bring valid evidence of their order when seeking to pick up their products at a particular Market Day, OurHarvest may require such customer to present appropriate identification to confirm the veracity of their identity to ensure that the correct customer is picking up the correct order and more generally to prevent fraud, misuse, and/or misappropriation of OurHarvest Products. OurHarvest may, in its sole and absolute discretion, and on a case-by-case basis, withhold products from customers who arrive at a Market Day without an applicable receipt or appropriate identification. In such instance, customers without a valid receipt will still be charged for their order since it is a customer’s responsibility to bring their receipt for the reasons outlined above.

In the event that an individual arrives at a particular Market Day during the specified hours, on the specified date, and at the specified location with a receipt for purchased products for an order made in your name (i.e., someone else arrives at a particular Market Day to pick-up your order), you agree and acknowledge that OurHarvest is authorized, in its sole and absolute discretion, to rely on such person’s representation that said person has been authorized to make such pick-up by the customer who made the purchase and that having a copy of your receipt is sufficient evidence that you have authorized such person to pick-up your order on your behalf without any further obligation to notify you or make further inquiries.

OurHarvest may have a limited quantity available of each of the products offered with respect to a particular Market Day, and some products that are listed on this site may from time to time sell out and no longer be available, without any notice provided to customers. OurHarvest does its best to maintain a steady and adequate supply of the products it offers, but given the changing nature of demand, pricing, weather conditions, availability, logistical coordination with suppliers and other variable factors related to each applicable product, some items may fluctuate dramatically in price, some products may only be offered at certain times of the year, and some Market Days may have products and pricing that vary considerably from those of other Market Days, even including, without limitation, with respect to Market Days on the same date and in nearby locations. The list of products associated with a particular market location may not be the same for each Market Day, and the availability of a product in one market may not be the same in another, including whether the product is offered at all. The price listings of each product, as well as the available quantities thereof, may change without any notice provided to customers. In the event OurHarvest lists a product for sale that subsequently becomes unavailable due to changes in market conditions or other commercial constraints, OurHarvest reserves the right to de-list such product without any notice provided to customers.

OurHarvest features the suppliers of its food products on this site, including, without limitation, photographs of such suppliers’ various products. While OurHarvest strives to depict images of its products that are generally representative of the products being sold, you acknowledge that any such photographs used on this site to depict various products may in fact not look like the products that you purchase or are given. You further acknowledge that OurHarvest is not responsible for providing you with products that look like such photographs, and you acknowledge that you are responsible for accepting such products regardless of the resemblance they may or may not have to the images on this site or on any social media page administered by OurHarvest. OurHarvest may change the images of the products that are featured on this site, or the descriptions thereof, from time to time without notice to its customers and in its sole and absolute discretion. When OurHarvest features suppliers of various products listed on this site, OurHarvest uses its best efforts to provide such products from the applicable suppliers listed. However, due to changing market conditions and/or other commercial constraints, there may be circumstances in which a supplier that is listed as the supplier of a particular product may not be able to deliver such product to OurHarvest. For example, a particular supplier that OurHarvest expects to provide beef to OurHarvest for your purchase may not be able to do so, and in such circumstance, OurHarvest has the right, but not the obligation, to provide you with beef from an alternative supplier of substantially similar value and quality.

Accordingly, OurHarvest reserves the right with respect to all products, in its sole and absolute discretion, to obtain a substantially similar product of any product you order from an alternative supplier, and you agree that you are obligated to accept and pay for such substantially similar product provided by OurHarvest from such alternative supplier. OurHarvest may, but is not obligated to, notify you of any changes in suppliers for product(s) that you have ordered.

The descriptions of suppliers on this site, including, without limitation, their stories, farming practices, and other descriptive material relating to their products and the manner in which they raise, grow, catch, or process their products, are based on information and material that such suppliers have provided in good faith to OurHarvest. OurHarvest has made reasonable efforts to confirm the veracity of such information and material. However, OurHarvest is not responsible for the accuracy of such information and material, and you agree and acknowledge that OurHarvest is entitled to rely on the good faith representations and warranties made by such suppliers in providing such content to OurHarvest to be used in connection with the OurHarvest Products. While OurHarvest makes efforts to visit each of its suppliers and cultivate relationships with all such suppliers, commercial restraints make it impossible for OurHarvest personnel to visit all such suppliers on a regular and/or continuous basis.

OurHarvest is not responsible for the actions of its customers and expressly disclaims any liability relating thereto. By using this site and placing orders for products from OurHarvest, you agree and acknowledge that you will not hold OurHarvest responsible or liable for the actions of its other customers at any Market Day.

When you take physical possession of products from OurHarvest at a particular Market Day, the products become yours and your responsibility. You are responsible for taking adequate and reasonable care of such products and for how you use and store them in order to ensure that products that may perish or otherwise become unusable remain safe for the ordinary human consumption thereof. OurHarvest disclaims any express or implied liability associated with the inadequate use, storage and/or care of products that may be purchased by customers and does not and will not accept liability for the quality of items that are not properly stored within an appropriate timeframe. Without limiting the generality of the foregoing, OurHarvest is not responsible, for example, if a customer picks up a fresh food product and then leaves it outside unattended for several hours and such product perishes or becomes otherwise unusable; or, by way of another example, OurHarvest is not responsible if a customer does not cook a particular product that is widely and reasonably known to be a product that is typically only served when cooked. Customers are encouraged to take reasonable, adequate, appropriate and responsible care of the products they purchase and consume, including the storage and preparation thereof. Customers should consult with their own trusted experts, consultants, advisers and resources to assess food safety guidelines that may be applicable to the products they purchase and/or consume.

Complaints that are not made in a timely fashion make it difficult for OurHarvest to adequately and appropriately address them. Therefore, in the event that a customer deems there to be a problem or issue with any product that it purchases from OurHarvest, it is such customer’s responsibility to immediately notify OurHarvest at info@ourharvest.com of the concern with a brief description thereof, and in any event, within 24 hours of the applicable Market Day. Such notification shall include reasonable detail of the issue such that OurHarvest will be in a commercially reasonable position to assess the situation and take appropriate steps accordingly. In any such communication, such customer shall provide his/her contact information, including, without limitation, a phone number and e-mail address so that OurHarvest will be able to reach them as needed and make appropriate inquiries to review further.

You agree and acknowledge that due to circumstances beyond its control, OurHarvest reserves the right, in its sole and absolute discretion, to change the date, time, and/or location of any Market Day. In the event any such changes are made, you will be notified via the e-mail address you have on file in your account of such changes. OurHarvest will give you as much advance notice of any such changes as it can. An example of when this scenario might occur could be a situation in which a third party that has previously agreed to permit OurHarvest to use its venue as a pick-up location on a Market Day subsequently notifies OurHarvest that the venue and/or pick-up space is no longer available during the specified time window and/or on the specified date. You agree that certain such circumstances are beyond the control of OurHarvest, and you acknowledge and agree that OurHarvest shall not be liable for any costs, expenses and/or damages relating thereto. You agree and acknowledge that if any date, time, and/or location of any Market Day is changed by OurHarvest (each, an “Updated Market Day”), that it is your responsibility to notify OurHarvest if you are unable to arrive at the Updated Market Day during the specified time window and at the specified location. In the event you do not notify OurHarvest that you are unable to make a scheduled pick-up at the Updated Market Day, you will nonetheless be charged for the entirety of your purchase on the applicable date. For the avoidance of doubt, customers do not have the right to change a Market Day. The only instance in which a Market Day can be validly changed is by specific action taken by OurHarvest in which OurHarvest communicates such change to customers who are directly impacted by such change.

You acknowledge that any promotional items or products that OurHarvest offers or provides you at any time, whether for sale or as a giveaway, including, without limitation, articles of clothing, hats, bags (paper, plastic or otherwise), ice or cooler packs, coffee mugs, and/or food products, are subject in their entirety to these Terms.

Delivery

OurHarvest may offer delivery options on certain dates and times and in certain regions as specified from time to time on the site and in accordance with these Terms. Delivery options may change from time to time without notice to users of the site or updates to these Terms, and delivery options may never be available in certain regions or pick-up locations. Only customers who have delivery addresses within the applicable delivery zones and on the applicable dates and times specified on our site will be eligible for delivery. By utilizing a delivery option in connection with any of your orders, you agree to do so in strict accordance with these Terms, and you accept these Terms in full without any modification or amendment.

At present, we offer delivery in certain communities in Brooklyn and in Manhattan below 125th Street.

Third Party Service Providers

OurHarvest does not deliver products directly to customers. Instead, OurHarvest works with third party service providers whose agents and/or personnel (each, a “Delivery Agent”) take possession of your order from OurHarvest and are responsible for delivering it to you. By utilizing the delivery option when available, you acknowledge and agree that you are contracting directly with such third party service providers for the delivery of your orders and specifically that you are not contracting for such delivery services with OurHarvest. By utilizing the delivery option when available, you grant OurHarvest permission to share your delivery address, order information, contact information and other appropriate information to such third party service providers in order to process your delivery. While your order and the associated delivery is placed through our site, you agree that OurHarvest has no responsibility or liability to you related to any transportation or logistics provided to you by Delivery Agents.

OurHarvest does not guarantee or make any representations as to the suitability, safety, reliability, timeliness, accuracy or ability of the third party service providers, whether in public or private interactions; nor does it have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of such third party service providers, nor does it have control over the integrity, responsibility or any of the actions or omissions whatsoever of any Delivery Agent. If you prefer not to work with a third party service provider for the delivery of your order, you should not place an order for delivery with OurHarvest and should instead shop at one of our pick-up locations if you wish to purchase our products. OurHarvest will not participate in disputes between you and a third party service provider. By utilizing the delivery option, you acknowledge that you may be exposed to situations involving third party service providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that using the delivery option with third party service providers is at your own risk and judgment. OurHarvest shall not have any liability arising from or in any way related to your transactions or relationship with third party service providers.

For the avoidance of doubt, Delivery Agents are not employees or independent contractors of OurHarvest, and they do not represent OurHarvest. Accordingly, OurHarvest disclaims any and all liability that may arise from the actions of a Delivery Agent, and by using the site and placing an order for delivery, you explicitly acknowledge and agree that you will hold OurHarvest harmless with respect to any losses, damages and/or injuries you might allegedly suffer as a result of the actions of any Delivery Agent(s). Furthermore, you expressly acknowledge and agree that any losses, damages and/or injuries you may suffer as a result of the actions taken by any Delivery Agent shall not exceed the total purchase price of the order to which your losses, damages and/or injuries directly relate. Delivery Agents are merely transporting your order from OurHarvest to the delivery address you specify, and you hereby acknowledge and agree that Delivery Agents are not authorized to make decisions on behalf of OurHarvest in any regard, nor should their actions be deemed to represent the views, concerns, recommendations, or suggestions of OurHarvest. For purposes of illustration, and without limitation, a Delivery Agent does not have the authority to refund an item, modify an order, take goods or products back to OurHarvest, speak as to the quality, freshness, source or integrity of the products, recommend recipes, and so on. You hereby explicitly acknowledge and agree that you will not rely on any purported promises, warranties or representations made by any Delivery Agent since they do not represent OurHarvest or OurHarvest personnel.

In order to receive delivery, your delivery address must be a home or office within the applicable designated delivery regions specified on our site, and someone must be present to receive your order from a Delivery Agent during the applicable delivery time window.

If delivery is made to the address specified in your order and someone other than you is there to receive your order (each, an “Alternate Receiver”), you acknowledge and agree that your order may be left with such Alternate Receiver to accept your goods and/or products under all of the same terms and conditions that would apply had you accepted the delivery yourself. You acknowledge and agree that anyone at the delivery address who receives the delivery is conclusively presumed to be an Alternate Receiver that is authorized to receive the delivery without any further communication between you and us. By way of example, and without limiting the generality of the foregoing, an Alternate Receiver may include a doorman, family member, friend, housesitter, babysitter, co-worker or others.

If neither you nor an Alternate Receiver is present during the applicable delivery time window when the Delivery Agent arrives with your order, either we or the Delivery Agent, as the case may be, will use commercially reasonable efforts to contact you and reschedule delivery (each, a “Rescheduled Delivery”), which may include the application of a redelivery fee (a “Redelivery Fee”). By accepting a Rescheduled Delivery, you agree to pay the Redelivery Fee specified and any applicable taxes thereon and to accept the specific, identical products included in your original order, not replacement products that may be fresher or otherwise of higher quality. If neither you nor an Alternate Receiver is present during the applicable delivery time window when the Delivery Agent arrives with your order – and regardless of whether or not you accept a Rescheduled Delivery – you will be charged an amount equal to double the delivery fee specified in your order. By way of illustration, if your delivery fee is $10.00, and neither you nor an Alternate Receiver is present during the applicable delivery time window when the Delivery Agent arrives with your order, your account will be charged a $20.00 delivery fee and you hereby agree to pay such increased delivery fee. If we are unable to complete a Rescheduled Delivery to you for any reason, your order will be canceled and you will be charged a cancellation fee equal to the price of all of the perishable items in your order, plus an amount equal to 25% of the non-perishable items. By placing a delivery order, you acknowledge and agree that the Delivery Agent may arrive with your order at any time during the specified time window.

You will receive an automated email receipt on the day of your delivery with the final invoice amount and a list of all items being delivered. You can also review your order at any time under “My Account” on the site. In an effort to meet the committed delivery time for all of our customers, Delivery Agents cannot wait for you to inspect the items once delivered. If something is missing from your order, please contact us at orders@ourharvest.com.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which may cause us to suspend chosen delivery dates and times. If there will be a significant delay, we will call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit, and we will use commercially reasonable efforts to communicate with you so that you are aware of any changes. If your designated delivery location (e.g., street, avenue, building, etc.) is inaccessible rendering it impossible or unduly burdensome for a Delivery Agent to make a scheduled delivery, either we or the Delivery Agent will contact you to determine the best alternate location and/or date.

You acknowledge and agree that OurHarvest may impose weight limits associated with the delivery of your purchase. Orders in excess of 20 pounds may be subject to an additional delivery fee equal to the amount of the delivery fee specified in your purchase (i.e., a double delivery fee), and you will be responsible for paying for such increased delivery fee including all applicable taxes thereon. 

Delivery Fees

If you place an order for delivery, you will be charged a delivery fee for this service that is separate and in addition to the costs associated with the products you purchase. Though delivery of your order will be made by a third party service provider, and you are agreeing to contract directly with such third party service provider by placing an order for delivery, the applicable delivery fee will be included in your purchase receipt from OurHarvest.

Delivery fees for certain delivery zones may change over time without notice to customers, though of course you will see the amount of the applicable delivery fee each time you make a purchase with us and will not be charged more than the amount specified (unless a Redelivery Fee applies, as outlined further above). Delivery fees may be different amounts in different delivery zones, and OurHarvest reserves the right to charge such different amounts in its sole and absolute discretion, including, without limitation, the ability to change the delivery amounts from time to time. Any such delivery fees are not a gratuity for the Delivery Agent who is making the delivery and will not be given to any Delivery Agent as a gratuity.

Coupons

From time to time, OurHarvest may issue and/or offer coupons to its existing customers and/or potential new customers. OurHarvest accepts valid coupons duly issued only by OurHarvest. Coupon credit is applied subject to validation and coupon purchase requirements. OurHarvest does not process counterfeit or illegally reproduced coupons, and we do not accept coupons from other parties or vendors. Unless OurHarvest specifies otherwise in each instance, coupons may not be combined with any other special offers or promotions. Gift cards may not be purchased at a discount, notwithstanding the fact that a user may have a valid coupon that entitles them to a discount on their purchase.

OurHarvest reserves the right, in its sole and absolute discretion, to change any and all features, terms and/or conditions of the coupons it offers including, without limitation, the dollar amount of such coupons, the expiration periods thereof, the number of people who may receive such coupons, the existence of any coupon, and other items relating thereto without notice to customers.

Unauthorized Use

From time to time, OurHarvest may extend promotional offers, raffles and/or contests to existing and/or potential new customers. You agree to abide by the terms and conditions of any such offers and acknowledge that circumvention of the terms and conditions of any such offers constitutes an unauthorized and fraudulent use thereof, and OurHarvest reserves the right, in its sole and absolute discretion, to charge the credit card on the account identified in your account information an amount equal to damages caused thereby.

Pricing and Payment

Certain items sold by OurHarvest including, without limitation, meat and seafood are sold based upon their weight. At the time at which you complete your online purchase, OurHarvest authorizes (but does not charge) your credit card to make payment based on the estimated total of your purchase (the total of which is determined based upon the fixed prices of certain products and the variable prices associated with estimated weights of certain products measured in pounds and/or ounces). We may request credit card authorization for up to 125% of the estimated cost of perishable items; we will authorize your credit card for an amount equal to 100% of the total of the non-perishable items in your order. On the applicable Market Day, regardless of whether you are picking up your order or having it delivered by a Delivery Agent, OurHarvest will charge your credit card based on the actual weight of each applicable product on an item-by-item basis; this is the final amount that gets charged to your card. You always pay the true price for the actual weight of your products, and your credit card is charged accordingly.

During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for pick-up at the applicable Market Day. You agree to promptly pay all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your account, including members of your family, friends, or any other person. If you fail to timely pay all charges when due, OurHarvest reserves the right, in its sole and absolute discretion, to establish a spending limit on your account or to otherwise not accept future orders from you. Your right to use this site and place orders is also subject to limits established by your payment card issuer. You are responsible and liable for any and all fees, including attorneys’ fees and collection costs and expenses, that OurHarvest may incur in its efforts to collect any unpaid balances from you. Prices for items you place in your cart will be guaranteed as long as your order relates to a particular Market Day that is within five (5) calendar days from the date you originally placed the applicable items in your cart. After five (5) calendar days, prices may be adjusted to reflect current prices. Item(s) that have a limited inventory that are placed in your cart but which are not ordered by you may be removed from your cart on an as-needed basis to accommodate other customers who desire to purchase such item(s). OurHarvest may choose, but shall not be required, to notify you in such instances. We reserve the right to limit your order or the quantity of a particular product you may order. All prices referenced in these Terms and on this site are in U.S. dollars.

In the event your credit card is declined on the date you are due to pick-up your order or your order is due to be delivered, as the case may be, you agree that we may contact you via e-mail and/or phone to seek payment in full. You also agree that in the event we are unable to reach you in a timely fashion that we may elect not to deliver or otherwise make available your order until full payment has been received.

Prior to fulfilling an order and allowing you to complete a purchase, OurHarvest may execute a $1.00 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to OurHarvest is correct. This authorization does not cost you anything and will expire within a few days (debit card authorizations typically expire in 24-48 hours depending on your bank’s rules). If you experienced difficulty enrolling with OurHarvest, you may see multiple $1.00 authorizations. These multiple charges (up to $5.00) will expire in a few days. OurHarvest will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs, but we do not have an obligation to contact you in such instance. However, in the event such an order is processed, OurHarvest reserves the right to collect funds for any uncollected transactions owed to it. OurHarvest may charge a fee of $2.00 per order should a payment made via credit card be declined, resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due, OurHarvest may charge such amount directly to the credit card identified in your account and OurHarvest may suspend or terminate your access to the OurHarvest Products in its sole discretion. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs and expenses, that OurHarvest may incur in its efforts to collect any unpaid balances from you. Your right to use and/or purchase the OurHarvest Products is subject to limits established by OurHarvest and/or your credit card issuer.

Third Party Information Providers and Merchants

By using OurHarvest Products, you may, from time to time, be permitted to order and receive products, information and services from businesses that are not owned or operated by OurHarvest. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning such products, information or services ordered or received from such businesses are solely between you and such businesses. OurHarvest does not endorse, warrant or assume any responsibility or liability for such products, information or services including, without limitation, the accuracy, completeness or usefulness of such information and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OurHarvest’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OurHarvest 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.

International Users

OurHarvest.com is controlled, operated and administered by OurHarvest from our offices within the United States. If you access OurHarvest.com from a location outside the United States, you are responsible for compliance with all applicable local laws. You agree that you will not use any content accessed through OurHarvest.com in any country or in any manner prohibited by any applicable laws, restrictions, regulations or other administrative oversight.

Indemnification

You agree to defend, indemnify and hold each of OurHarvest and its Associates harmless from any losses, costs, liabilities, claims, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the OurHarvest Products, your violation of any of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. OurHarvest reserves the right, but not the obligation, to, at its own costs, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OurHarvest in asserting any available defenses.

Third-Party Beneficiaries

The provisions of these Terms are for the benefit of OurHarvest and its Associates, and each shall have, without limitation, the right to assert and enforce the provisions hereof directly on their own behalf. These Terms, and all obligations and restrictions placed upon you or your permitted users by these Terms, shall survive termination of these Terms and your use of OurHarvest Products.

Termination

OurHarvest may suspend or terminate your access to the OurHarvest Products at any time for any reason with or without notice to you. You may terminate your use of OurHarvest Products at any time for any reason by delivering notice in a manner provided in this Agreement, which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your use of or access to OurHarvest Products for any reason, you will not be entitled to a refund of any fees or charges incurred prior to such termination. OurHarvest reserves the right to collect all fees and charges incurred before you cancel your use of or access to OurHarvest Products. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Changes to Terms

OurHarvest reserves the right at any time, in its sole and absolute discretion, to change the Terms under which OurHarvest Products are offered. The most current version of the Terms will supersede all previous versions, and changes may be posted to this site at any time by OurHarvest without prior notice to customers. OurHarvest encourages you to periodically review the Terms to stay informed of our updates. You agree and acknowledge that your use of this site, as well as any OurHarvest Product, after any such change will be conclusively deemed to be your acceptance of such change. OurHarvest may discontinue or revise any or all aspects of the Terms without prior notice to you. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error(s) or cancel undelivered orders for such incorrectly priced product(s). You will be contacted in such circumstances, and if we do not deliver particular product(s) to you, your credit card will of course not be charged for such item(s). If any change is unacceptable to you, you may cancel your relationship with OurHarvest and cease using OurHarvest Products at any time. These Terms were last updated on October 22, 2015.

Meal Donation Program

OurHarvest has a social mission that runs right through its DNA. For each “qualifying purchase” made, OurHarvest proudly donates either a meal, or the funds to purchase a meal, to one of its local community partners in our collective quest to combat hunger. A “qualifying purchase” refers to any customer order in excess of $25.00 (excluding sales tax, coupons and any additional charitable donations that may be made by such customer) that is purchased and paid for by a customer.

What constitutes a “meal”? OurHarvest follows meal donation standards that have been certified by Feeding America, the nation’s leading domestic hunger-relief charity that has as its mission to both feed America’s hungry through a nationwide network of member food banks and to engage citizens in the fight to end hunger. According to certain standards certified by Feeding America for Long Island Cares, one of our leading community partners, a donation of $0.88 equates to the donation of one meal, and a donation of 1.2 pounds of food equates to the donation of one meal. These rates are based on multiple factors, including the relative purchasing power of our community partners and their ability to purchase food products in bulk.

OurHarvest reserves the right, in its sole and absolute discretion, by updating these Terms on this site, to change the dollar amount threshold used to determine what constitutes a “qualifying purchase” as set forth above. OurHarvest may choose whether it will donate meals or funds to purchase meals in its sole and absolute discretion in connection with such donations, and OurHarvest reserves the right to make such donations to any organization, community group or partner, or institution as it deems fit in its sole and absolute discretion. OurHarvest typically features on this site many of the community partner(s) or organizations that will receive meal donations with respect to each Market Day.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OurHarvest as a result of this agreement or use of the OurHarvest Products. OurHarvest’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of OurHarvest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OurHarvest Products or information provided to or gathered by OurHarvest with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect, and no other provisions shall be altered or modified.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OurHarvest with respect to the OurHarvest Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OurHarvest with respect to the OurHarvest Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

This agreement sets forth your entire agreement with OurHarvest regarding your use of OurHarvest Products, including, without limitation, this site. If any portion of this agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this agreement shall remain in full force and effect.

The headings used in this agreement are intended to be used for convenience only and do not form a part of this agreement. The failure of either you or OurHarvest to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any provision of right. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen (unless applicable law stipulates that a shorter period shall apply), or else you agree that such cause of action will be barred. All obligations and restrictions placed upon you by this agreement shall survive termination of your use of OurHarvest Products.

Dispute Resolution

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.  Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS, YOU AND OURHARVEST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that, notwithstanding anything herein to the contrary, you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Contact Us

We welcome your questions or comments relating to the Terms. Please contact us at info@ourharvest.com.