Terms of Use

Last Updated: March 31, 2021

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions of liability, and a dispute resolution clause.

Acceptance of the Terms of Use

These Terms of Use (“Terms of Use”) constitute an agreement between you and FRESHFARM Markets, Inc. (“FRESHFARM,” “we,” or “us”), the owner of the website located at freshfarm.org (the “Site”). Your use of the Site, Site Content (as defined below), and other services provided by FRESHFARM on or through the Site, and any updates to any of the foregoing (collectively, the “Services”) constitutes your agreement, without limitation or qualification, to be bound by and to comply with these Terms of Use. If you are accessing or using the Site or Services on behalf of a business or other legal entity, in which case “you,” “your” or “user” refers to that entity as well as yourself, you agree to these Terms of Use on behalf of that entity and its affiliates, and you represent that you have the authority to do so. These Terms of Use, as modified or amended as permitted herein, will continue until terminated by either party.

You represent and warrant that you are at least 18 years of age or a duly organized, validly existing business, organization or other legal entity in good standing under the applicable laws of the jurisdiction you are established in, and that you possess the legal right and ability to enter into these Terms of Use.

We may revise and update these Terms of Use from time to time by posting the updated Terms of Use on the Site. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter. If any changes are not acceptable to you, your sole remedy is to stop accessing or using the Site and/or Services. Your continued use of the Site and/or Services following the posting of revised Terms of Use constitutes your acceptance and agreement to those revised Terms of Use. If you have any questions about these Terms of Use, please contact us by email at hello@freshfarm.org. As email communications are not always secure, please do not include sensitive information in your emails to us.
Please also refer to our Privacy Policy, which is incorporated herein by reference.

Our Products

FRESHFARM is a non-profit business that promotes sustainable agriculture products and works to improve food access and equity in the Mid-Atlantic Region of the United States. At its physical locations and on the Site, FRESHFARM offers various products and services (collectively, the “Products”) described on the Site. The Products include: FRESHFARM FoodPrints, described at https://www.freshfarm.org/foodprints/model, which offers comprehensive food education in public elementary schools with the goal of improving health and academic outcomes for children and families; virtual cooking sessions in which Internet visitors may join; recipes; information on events sponsored by FRESHFARM such as FRESHFARM Feasts; details about volunteer and employment opportunities offered by FRESHFARM; information about the various vendors at FRESHFARM Markets; data about FRESHFARM’s Pop-Up Food Hub and Market Share, which is an innovative model of local food distribution that triples the potential of the farmers market; and educational opportunities for chefs at FRESHFARM Markets who teach by offering cooking demonstrations. The Products that are offered for purchase can be ordered and delivered only within 200 miles of Washington DC, in Maryland and Virginia.

Access to Services

Although FRESHFARM intends for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of the Internet, telecommunications links and/or equipment. FRESHFARM shall not be considered in breach of or default under these Terms of Use or any other agreement with you, and shall not be liable to you for any cessation, interruption or delay in the performance of its obligations, or modification, suspension or discontinuation of any of the Services at any time, with or without notice.
So long as you continue to access the Site, these Terms of Use shall remain in effect.

Ownership of the Site and its Contents

The Site, and all information, materials and content contained in or delivered via the Services or otherwise made available in connection with the Products and Services, including without limitation any text, HTML code, trademarks, logos, service marks, copyrights, trade dress, graphics, photos, videos, sounds, animations, button images, other content or materials, the site design, its selection and arrangement of content, and its “look and feel,” (collectively, “Site Content”), is protected pursuant to U.S. copyright, trademark, and other proprietary rights and laws, and any rights not expressly granted herein to you are reserved to FRESHFARM as between the parties. Except as otherwise expressly authorized in writing by FRESHFARM, none of the Site Content may be modified, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, resold, licensed, leased, distributed or commercially exploited by you in any way, and nothing contained on the Site or offering of the Products or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use any of the Site Content without the written permission of FRESHFARM or a third party that owns any rights in any of the Site Content. Use of any Site Content as part of a link to or from any site is prohibited unless FRESHFARM approves the establishment of such a link by prior written consent specific for each such link.

Limited License to Services

FRESHFARM hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services solely to browse the Site and search for, view, or purchase Products. Without limiting other restrictions, limitations and prohibitions that we impose (in these Terms of Use or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse assemble, reverse compile, reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to recreate all or any part of the Products or other Services or discover the source code for, or underlying algorithms used in all or any part of the Services; (c) rent, lease, resell, distribute or use the Services for commercial purposes or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any copyright, trademark or other proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.

Restrictions on Use of Services

You agree not to use the Site, Services or any other content available on the Site: (i) in violation of these Terms of Use or any applicable laws or regulations, or in a manner that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or ((ii) for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services, the Products, and/or the Site to users, or damages our property.

Disclaimer Regarding Services

FRESHFARM is constantly evolving and updating its Site and other offerings to better meet the needs of its customers. Accordingly, we cannot guarantee the availability of certain features or functionality. We reserve the right to modify, replace or discontinue any part of the Services or the entire Service at any time, for any reason, and with or without prior notice and liability to you. We also reserve the right to refuse service, remove or edit content, limit access to content, or modify or discontinue any portion of the Site in our sole discretion without any liability to you for any reason whatsoever. We may terminate, suspend, or modify your access to all or part of the Site, without notice and without any liability to you, if you violate these Terms of Use or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.

FRESHFARM has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that FRESHFARM engages to provide the Products. In addition, you acknowledge that FRESHFARM makes no warranty regarding, and accepts no liability for, any losses or damages whatsoever relating to or in connection with your purchase (or attempted purchase) of a Product on the third party website freshfarm.localfoodmarketplace.org made possible through FRESHFARM. You are solely responsible for any and all transactions utilizing your Financial Information, including, without limitation, any and all charges to your payment card(s). You acknowledge and agree that, if any third party experiences a data breach that affects your Financial Information, Company will in no way be responsible or liable to you for such breach. You should maintain thorough records of all your purchase transactions on the Site. If you believe there is any error or unauthorized transaction concerning your Financial Information, you must contact the applicable data processor.
All material and information presented by FRESHFARM is intended to be used for personal, educational or informational purposes only. FRESHFARM does not itself manufacture any of the Products reviewed or promoted on the Site.

Fees and Refunds

If you are a customer, there is no fee for you to create an account and/or access the Services. You may be charged a fee to purchase a Product, in the discretion of the operator of the freshfarm.localfoodmarketplace.org vendor. These fees may vary and may include, without limitation, royalties, taxes, processing fees and fulfillment fees. FRESHFARM does not control and cannot disclose the fees levied by your bank and/or credit card company.

Geographic Restrictions

FRESHFARM is based in the United States. We provide the Site, Services and Products for use only by persons located in the United States, specifically, in the Washington, DC metropolitan area. The Site, Services and Products are not directed to persons outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

No Warranties

YOUR USE OF THE SITE, SERVICES, PRODUCTS AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SERVICES, OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, and the PRODUCTS, ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. FRESHFARM DISCLAIMS ALL WARRANTIES REGARDING THE SITE, SERVICES, PRODUCTS AND SUCH CONTENT WHATSOEVER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. FRESHFARM ALSO MAKES NO WARRANTIES THAT: (A) THE SITE, PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE (WHETHER DIRECTLY OR INDIRECTLY) OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.

THE FOREGOING DISCLAIMERS AND ALL OTHER DISCLAIMERS MADE IN THESE TERMS OF USE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL FRESHFARM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY KIND OR CHARACTER TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, LOSS OF USE, LOSS OF INCOME OR PROFIT, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL OR ANY OTHER CONTENT, MATERIALS, OR INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH THE SITE OR SERVICES OR OTHER LOSSES OF ANY KIND OR CHARACTER, REGARDLESS OF WHETHER FRESHFARM HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT AND MATERIAL ON THE SITE, OR THE SERVICES PROVIDED THROUGH THE SITE. IN THE EVENT THAT FRESHFARM IS FOUND TO BE LIABLE TO YOU, NOTWITHSTANDING THE FOREGOING, EXCEPT AS PROHIBITED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FRESHFARM UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH LIABILITY, OR IF YOU MADE NO PURCHASES, ONE HUNDRED U.S. DOLLARS (US $100).
YOU AND FRESHFARM AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FRESHFARM. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, FRESHFARM WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Release and Indemnity

You hereby release FRESHFARM from all damages (whether direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive or otherwise), losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, arising out of or in any way connected with a dispute between you and a third party (including other users) in connection with the Site, Services or any Products offered on the Site. You hereby waive any applicable law or statute which states, in substance, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING INDEMNITIES AND RELEASES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Privacy Policy

FRESHFARM respects your privacy and protects your personal information pursuant to the terms of our Privacy Policy.

FRESHFARM offers a FoodPrints educational curriculum consisting of a “Grow, Cook, Eat, Learn” model in 63 hands-on lessons integrated to the seasons. FRESHFARM requires participants in this curriculum to register and establish an account. When registering on the Site, you may be asked to provide certain personal information. By providing such information, you grant FRESHFARM a worldwide, royalty-free, perpetual, nonexclusive, and fully transferable license to use, distribute, reproduce, modify, publish, display and translate the personal information solely for the purpose of enabling your use of the applicable Service. FoodPrints curriculum or account and as otherwise permitted pursuant to the Privacy Policy.

Third Party Sites and Additional Terms

The third party sites linked to the Site (“Linked Sites”), if any, are not under the control of FRESHFARM, and FRESHFARM is not responsible for the content of Linked Sites. Any Linked Sites referenced from the Site have been selected by or on behalf of FRESHFARM or selected by others acting together with FRESHFARM for your convenience. If you decide to access any Linked Sites, you do so entirely at your own risk. Any use of the Linked Sites will be subject to, and any information you provide will be governed by, the terms of the Linked Site, including but not limited to those relating to confidentiality, data privacy and security. FRESHFARM does not endorse or approve, and makes no warranties, representations or undertakings relating to, the content of any Linked Site. FRESHFARM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY LINKED SITES. FRESHFARM IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT ANY LINKED SITES. LINKED SITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF FRESHFARM AND THE LINKED SITE MAY PROVIDE LESS SECURITY THAN FRESHFARM’S SITE.

Customers Needing Extra Assistance

FRESHFARM aims to provide full access to the Site and Services regardless of Customers’ differing abilities. If you are unable to read any part of the Site, or otherwise have difficulties using the Site or any Services, please contact us by email at hello@freshfarm.org and we will assist you.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed by the laws of the District of Columbia without regard to its conflicts of law rules, and the Federal Arbitration Act. If any controversy or claim between you and FRESHFARM arises out of your use of the Site or these Terms of Use (collectively, “Legal Disputes”), that is not resolved through direct discussions or mediation, or, if the claims qualify, in small claims court. Legal Disputes include, but are not limited to: (i) all claims arising out of or relating to any aspect of the relationship between you and FRESHFARM, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (ii) all claims that may arise after termination of these Terms and/or your use of the Services that arise out of your previous use of the Site or these Terms. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter by certified mail to the other party requesting arbitration that describes the claim and specific relief sought. We will send the letter to the address or other contact information you have provided us. You must send the letter to us at the contact information provided below in the Notice section. The AAA Rules for selection of an arbitrator shall be followed. You may choose to have the arbitration conducted by telephone, based on written submissions or in person, if lawful and feasible, in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Site or Services or these Terms of Use shall be a period of one year from your last use of the Site. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms of Use or the Site shall be resolved individually, without resort to any form of class, consolidated, or representative action. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, we each hereby consent to the jurisdiction of the state and federal courts located in the District of Columbia, and irrevocably waive any right we each may otherwise have to challenge the appropriateness of such forums on any basis, including but not limited to lack of personal jurisdiction, improper venue, or inconvenience of the forum, and waive any right to a jury trial. This dispute provision will survive termination of these Terms of Use.

Notices

Notices to you may be sent via email or regular mail to the address that you provided to FRESHFARM. The Services may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. If you wish to contact FRESHFARM or deliver any notice, you can do so at FRESHFARM, 655 New York Avenue, NW, WeWork 6th Floor, Washington, DC 20001 or via email to hello@freshfarm.org.

General Information

FRESHFARM may, without your consent or approval, freely assign these Terms of Use, our rights and obligations under these Terms of Use, and/or the Site and Services to a third party in connection with a corporate transaction or otherwise. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without our prior written consent.

These Terms of Use, together with the Privacy Policy, and any other agreements or policies agreed to by you in the course of using the Site, Products or any Service, constitutes the entire agreement between FRESHFARM and you with respect to your use of the Site, Products and Services, and it supersedes all prior or contemporaneous communications and proposals between FRESHFARM and you with respect thereto. In the event of a conflict between the Terms of Use and any other written agreement between you and FRESHFARM, the agreement between you and FRESHFARM shall control. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any and all sections of these Terms of Use that by their nature should survive the termination of these Terms of Use shall survive, including without limitation, all limitations of liability, indemnification obligations, disclaimers, dispute provisions, choice of law, intellectual property protections and licenses). If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.