Terms of Use
LAST UPDATED: January 16, 2019
Overview
Thank you for using this website, located at https://www.harvesthomefm.org (the “Site”) and the Services, as defined below. These Terms of Use are provided on behalf of Harvest Home Farmer’s Market and its affiliates (referred to herein collectively as “HHFM”, “we” or “us”) and govern your use of the Site and the Services (referenced below).
Please read these Terms of Use carefully. By clicking “I agree” or by using this Site, you are agreeing to be bound by these Terms of Use, our Privacy Policy and any other policies instituted by HHFM. Please note that these Terms of Use apply to those persons accessing this Site on behalf of a legal entity and by using this Site represents that they have authorization to do so.
Please note that if you do not wish to be bound by these Terms of Use, you are not authorized to access or use this Site or the Services. If you have any questions regarding these Terms of Use, please contact us at info@harvesthomefm.org.
Privacy and Confidentiality
Privacy. We take your privacy very seriously. Please refer to our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Site, to fully understand how we treat your personal information. As described by our Privacy Policy, we will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy. You can find our Privacy Policy here Privacy Policy — Harvest Home Farmers Markets (harvesthomefm.org). Our Privacy Policy is hereby incorporated by reference into these Terms of Use.
Confidentiality. All materials and content on this Site are considered confidential. You may not publish or disclose such materials or content without our written permission. Violations of the confidentiality provisions in these Terms of Use may result in the termination of your access to this Site.
Use of the Site, Services, Content and Trademarks
You expressly agree that anything you post and all information you provide with respect to your use of this Site or to us is accurate, truthful, complete and not misleading. We take no responsibility for anything posted on the Site.
We may remove any content or information that you share on the Site for any reason, and you agree not to post any content or take any action that could constitute libel or slander, infringes or violates someone else’s rights, that is protected by any copyright or trademark, or otherwise violates the law. You also agree that you will not use the Site for any unlawful purposes or post anything that is or may be deemed as offensive or abusive. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any Transaction being conducted on our Site.
Under this Terms of Use, “Services” refers to any (a) online, electronic or hard-copy materials, data, information and products derived from your use of this Site or the services we provide to you as part of using this Site; (b) website; (c) messaging or communication service or capability, including, without limitation, notification emails; (d) click-through or other similar services; (e) social media, posting sites, discussion boards, online classrooms or similar services; (f) mobile applications; (g) software or interface; and (h) e-commerce services, all to the extent made available by HHFM or any third-party on behalf of HHFM. “Content” refers to all material, data, information and products on, accessible through, or generated from the Services or provided as part of any Service (including, without limitation, any publications, communications or messages sent as part of a Service), and any documentation related thereto.
As between HHFM and you, all rights, title and interest in and to the Content and the Services, including any and all intellectual property rights related thereto are, and will remain, the exclusive property of HHFM. All other rights with respect to the Content and the Services, whether now existing or that may hereafter come into existence, that are not expressly granted to you herein are reserved for HHFM.
You agree to comply with all United States copyright, trademark, trade secret, patent and other applicable intellectual property laws. You will not remove, obscure or otherwise alter any copyright notices, trademark notices or other proprietary rights that are part of the Content or Services, and trademarks belonging to HHFM may not be used in connection with any product or service that HHFM is not offering or providing, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits HHFM. All other trademarks appearing on this Site are the property of their respective owners.
If, in our opinion, you have failed to comply with these aforementioned requirements, we will have the right to immediately terminate your use of this Site and the Services.
Information Sharing
You may have the opportunity to share content or information, including, but not limited to, your name, email address or other information that you provide via the Site, with other users of the Site. If you share information or content on the Site, you expressly agree to all of the following:
You grant us the right to use any information or content that you post on or in connection with your use of the Site, subject to the privacy provisions described in our Privacy Policy. You acknowledge that any deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
Content and information that you share will be available to other users of our Site. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you. You agree that you will not use the Site for your own commercial purposes, unless you receive prior written approval from us.
Your Account
You represent and warrant that: (a) you have the capacity to agree to these Terms of Use; and (b) you are at least eighteen (18) years of age, unless your parent or guardian has agreed to these terms on your behalf. If you are under 18, you must have your parent or guardian’s permission to enter and use the portions of the Site that are available to persons under 18, and your parent or guardian must agree to this Terms of Use and hold you accountable for their violation.
You may be required to create an Account to use certain parts of the Site or Services. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. We reserve the right to disable any user name, password or other identifier, and to terminate access to the Site or the Services, at any time in our sole discretion, including if, in HHFM’s opinion, that you have violated any provision of these Terms of Use.
You understand and agree that any account information changes performed on your Account by electronic means where your user name and password are utilized shall be considered authorized by you. You may not obtain account information related to accounts other than your accounts to which you have authorization to access.
Email and Fax Communication
You agree that we have no liability to you whatsoever for any losses, claims or damages arising or in any way related to our response(s) to any email or other electronic communication, which we in good faith believe you have submitted to us. You may change the email address for statements or other information from us at any time. Although having no obligation to do so, we reserve the right to require authentication of emails or electronic communications. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through email communications.
Payment
The Site and Services may include information about and the ability to make donations, contributions or purchases (each such donation, contribution or purchase, a “Transaction”) via the Site. We use third party payment processors, such as PayPal and Stripe (each individually a “Payment Processor” or, collectively, “Payment Processors”), to collect payments for any Transactions and should you wish to complete a Transaction, you will be directed to a website hosted by the Payment Processor and not by us. Your use of the Payment Processor’s services to initiate or complete any Transaction will be subject to the Payment Processor’s applicable Terms of Use and Privacy policy, not these Terms of Use or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for the Payment Processor’s services, its site, or any acts or omissions. We reserve the right to discontinue or change any third party payment service used in connection with our Site or Services. Personally identifying information received by us in connection with any Transaction is subject to our Privacy Policy.
Electronic Signature
You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to the validity of your electronic signature, and that the lack of such certification or third party verification will not in affect the enforceability of your signature or any resulting contract between you and us.
Changes and Modifications
We reserve the right to modify or discontinue the Site, for any reason, at our sole discretion, and without notice to you. We may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, your continued access or use of the Site after any such changes have become effective shall be deemed as your acceptance of the modified Terms of Use.
Links to Other Sites
This Site may contain links to sites maintained by non-affiliated third parties. We are not responsible for the content or support of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third-party sites. Such sites may have Terms of Use, Privacy Policies, or security practices different from this Site and we do not endorse or recommend, and hereby disclaim any liability for, any information or products offered at such third-party sites.
No Warranty
We do not warrant the accuracy, adequacy or completeness of the information provided herein and expressly disclaim liability for any errors or omissions in such information. No warranty of any kind, implied, express or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information.
HHFM provides and makes no warranty about the services provided by third-parties accessible via the Site, including with respect to our Payment Processor, and we shall not be held liable for any acts or omissions on the part of these third parties.
Limitation of Liability
You agree that all access and use of the Services or the Site and its contents is at your own risk. In no event shall we or our directors, members, employees, contractors or agents be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Indemnity
You agree to indemnify and hold us, our representatives, licensors and sub-contractors harmless from and against any and all costs, claims, damages, proceedings, causes of action, liability and expenses (including without limitation attorney’s fees and costs) that we might incur by reason of a breach by you of these Terms of Use or arising out of your use or sharing of the Services, including, but not limited to, any use or sharing of the Content or Services other than as expressly authorized in the Terms of Use, or your use or sharing of any information obtained from the Services. For the avoidance of doubt, this indemnity shall extend (without limitation) to any losses that we may suffer as a result of the use by third parties of your user name and password.
Termination and Cancellation
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. We reserve the right, in our sole discretion, to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. We will not be liable to you or any third party for any termination of your access to or use of this Site.
Termination of your access to and use of this Site or our Services, regardless of the reason, shall not relieve you of your confidentiality obligations hereunder, which shall remain in effect into perpetuity. Upon termination, you agree to immediately destroy copies of all Content, in electronic form or otherwise, that are in your possession.
No Waiver
The failure by HHFM or you to exercise any right or remedy under these Terms of Service does not constitute a waiver of that right or remedy.
Applicable Law
You agree to abide by all applicable federal and state laws and regulations in your use of the Site, including without limitation the Computer Fraud and Abuse Act. You agree to be solely responsible for your actions and the contents of your transmissions through the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with this Terms of Use. Unauthorized use of this Site, including but not limited to unauthorized entry into the Site’s systems, misuse of passwords, or misuse of any information posted on this Site, is strictly prohibited.
These Terms of Use shall be governed in all respects by the substantive laws of the State of New York, without regard to its provisions relating to conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York. The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Claims for Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Maritza Owens, CEO
Harvest Home Farmer’s Market
8 West 126th Street
New York, NY 10027
(212) 828-3361
Miscellaneous
These Terms of Use do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms of Use are found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use hereby incorporate by this reference any additional terms that we post on the Site or otherwise accessible via the Services (including without limitation our Privacy Policy) and, except as otherwise expressly stated herein, these Terms of Use are the entire Terms of Use between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Terms of Use or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contact Us
If you have any questions regarding the meaning or application of these Terms of Use, please direct such questions to info@harvesthomefm.org. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in any e-mail to us.
This Terms of Use are effective as of January 16, 2019