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Introduction

Thank you for visiting our Site. Please read these Terms of Service and our Privacy Policy as you must agree to both as a condition of using our Service.

1. The Company:

The Intervale Food Hub is a social enterprise of the Intervale Center, a 501(c)3 nonprofit organization in Burlington, Vermont.

2. Description of Service

The Intervale Food Hub sells fresh produce, meats, and other locally-made foods through weekly subscriptions and one time purchases. We handle all sourcing, fulfillment, and delivery of these goods to our Users and our service area and availability of products is dependent upon a User’s delivery address.

3. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

3.1 You are legally able to enter binding contracts. (E.G Must be 18 years old)

3.2 You are a resident of the United States of America.

3.3 You are accessing the site from the United States of America.

3.4 You must provide us with personal information, payment information, and any other information that we deem necessary to provide you with our Service.

4. Nature of Service

The Intervale Food Hub is provided on an as-is, where-is basis. You agree that you are solely responsible for determining whether the use of The Intervale Food Hub is right for you, and to hold The Intervale Food Hub harmless for any loss which may arise from or relate to your use of our Service.

5. Contract Agreement

5.1 The Intervale Food Hub offers weekly recurring orders. By submitting a weekly recurring order you are agreeing to recurring charges. The Intervale Center will submit periodic charges (E.G. Weekly) without further authorization from you, until provided with information to do otherwise (E.G. Cancellation, vacation, or hold). These changes must occur before your order cutoff, which is listed in your account area and sent in a reminder each week. (Cut off to change order). We are no longer required to change your order after the cutoff date.

5.2 There is no auto-renewal with The Intervale Food Hub. Customers are allowed to suspend and resume deliveries at any time before that week’s cutoff. These changes must be done by your order cutoff. We do reserve the right to deny resuming or re-subscription where we have previously determined to terminate a subscription.

5.3 When choosing your submitting a recurring subscription you are agreeing to pay weekly until your account is either canceled or a vacation hold is in place (Vacation Hold)

5.4 You assume responsibility for providing proper handling and storage of your fruits, vegetables and add-ons, including perishables.

6. Service Obtainability

6.1 Our Site’s use is intended for people living in the United States of America (Serviced Country). We do not undertake orders from people outside the United States.

7. Consumer Rights

7.1 If you are under contract as a customer, there is no termination fee and your subscription can be deactivated at any time before your order cutoff EDT the week before your next product delivery is scheduled. Please also look at our refund policy (Check Clause 9).

7.2 In order to deactivate your account or cancel your subscription, you can email: intervalefoodhub@intervale.org informing us you would like to cancel your account. There is also an option to go into your own account and delete all orders as well.

7.3 By registering for our service, you agree to opt-in to receive text, emails, and/or calls from us, The Intervale Food Hub. To opt-out of emails, texts, or calls, you must send an email to intervalefoodhub@intervale.org.

8. Payment, Refunds and Delivery

8.1 We accept all major credit cards through an API that integrates the third party payment provider, Authorize.Net, with our Service. You agree that your account shall be charged upon any order created at The Intervale Food Hub. All recurring products will be charged two days prior the orders ship date. All prices on our Site are denominated in United States dollars.

8.2 Our products are delivered by our company-owned vehicles.

8.3 If all or part of a Product is defective, we will credit or refund you an amount equivalent to the value of the Defective Item towards a future purchase. These refunds will be processed within 7 days of your email. To notify us of a complaint, please contact intervalefoodhub@intervale.org and reference your order number.

9. Gift Card and Discounts

9.1 We currently offer gift cards, social media promotional discounts, friend referral discounts, and other types of vouchers. The same terms and conditions apply to new customers who receive the gift cards or other various discounts.

9.2 Gift card codes must be activated online in our online form, may only be applied once, and cannot be copied or reproduced. To use your gift card voucher you will be required to enter a unique code online in the “gift card and discount code” section upon sign up or edit of order. This unique code will be emailed to your upon purchase.

9.3 Social Media and Friend Referral discounts will be tracked by us and discounts will be applied by us.

9.4 We reserve the right to withdraw or deactivate any discount (other pre-paid for gift card) for any reason at any time

10. Risk and Title

10.1 The Intervale Food Hub products include perishable items and to maintain integrity of the products after delivery, we recommend that you immediately refrigerate or freeze these perishable items.

11. Events outside of our Control

11.1 We, The Intervale Food Hub, will not be liable for any failure to perform, or postponement, any of our obligations under a Contract that is caused by events we cannot control (Force Majeure Event). Events that our beyond our reasonable control that include the following:

11.2 Impossibility to use proper roads and streets to deliver product.

11.3 Hurricanes, earthquakes, floods, explosions, fires, epidemics or any other natural disasters.

11.4 Strikes, riots, invasion, attack, or threat and any other industrial/threatening action that prohibits us.

11.5 Public and private telecommunication networks are down and unable to use.

12. Our Right to Change Terms and Conditions

12.1 We reserve the right to modify and alter these terms and conditions.

12.2 We may alter these terms and conditions from time to time to manage the changes that occur in our business model due to changes in the market, technology, regulatory requirements, and relevant laws.

13. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

14. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

15. Choice of Law

This Agreement shall be governed by the laws in force in the State of Vermont. The offer and acceptance of this contract are deemed to have occurred in the State of Vermont.

16. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, The Intervale Food Hub shall have the sole right to elect which provision remains in force.

17. Non-Waiver

The Intervale Food Hub reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

18. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

19. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of any such changes.

MY DELIVERIES

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