WebSite Terms and Conditions of WEBSITE

 

+ Terms

This webpage is our Terms and Conditions of Service (the “Agreement”) and governs your legal interaction with us and our website, http://corbinhill-foodproject.org, and any and all related sub-domains, (together with our social media platforms, collectively, the “Website”), as owned and operated by Corbin Hill Food Project, Inc. (“CHFP”).

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Agreement, along with our Privacy Policy (the “Privacy Policy”), available at http://corbinhill-foodproject.org/privacy-policy, and any other posted guidelines within our Website, (collectively the “Legal Terms”), constitute the agreements between you and CHFP.

This Agreement requires all Users to be at least 13 years of age or older. As a User and/or Visitor of our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not agree with our Legal Terms, you are prohibited from using or accessing our Website. If you have already accessed our Website and did not accept our Legal Terms, we require that you immediately discontinue use and access of our Website.

+ Definitions

  • “Agreement” means these Terms and Conditions of Service.
  • “Agreement” means these Terms and Conditions of Service.
  • “CHFP” means Corbin Hill Food Project, Inc.
  • “Claim” means any claim, suit, judgment or proceeding brought or asserted by any third party alleging any breach of representations, warranties or covenants under this Agreement.
  • “Content” shall refer to all text, materials, information, graphics, audio, video and data offered through or which is a part of our Website.
  • “Farmer” means a person who has contracted with CHFP to provide food to Shareholders and who also may be a User.
  • “Indemnified Party” means CHFP, its affiliates and their respective directors, officers, trustees, employees, volunteers, independent contractors and agents.
  • “Indemnifying Party” shall mean “you”.
  • “Legal Terms” means this Agreement, our Privacy Policy and other guidelines posted on our Website.
  • “License” means a limited, non-exclusive, non-transferable and revocable license to use our Service for personal, non-commercial, transitory viewings, subject to your compliance with this Agreement and our policies.
  • “Loss” means any and all losses, liabilities, suits, claims, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any Claim alleging any breach of representations, warranties or covenants under this Agreement.
  • “Personal Data” means specific personal data provided by you to us.
  • “Privacy Policy” means our Privacy Policy, available at http://corbinhill-foodproject.org/privacy-policy.
  • “Service” means our Service, which allows Shareholders to access the Website and purchase and arrange for delivery of food from CHFP.
  • “Service Provider” shall mean any entity or person contracted either formally or informally to provide services for or on behalf of CHFP (including, but not limited to Google Inc., Farmigo Inc., etc.).
  • “Shareholder” means a person who has signed up to purchase food from CHFP and who also may be a User.
  • “User” means a person that has registered with us to use our Service and is either a Shareholder or a Farmer.
  • “Visitor” means a person who browses the Website, but has not registered as a User.
  • “Website” means “www.corbinhillfoodproject.org”.
  • The terms “us,” “we,” or “our” refer to CHFP.
  • The terms “you,” or “your” shall refer to, as applicable, each Visitor and each User.

+ Use License

We grant you a License to use our Service for personal, non-commercial, transitory viewings subject to your compliance with the Legal Terms. Under this License, unless such restriction is prohibited by law or you have our written permission, you may not:

  • modify or copy the Content;
  • use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • decompile (procure source code from) or reverse engineer any proprietary software contained on our Website;
  • remove any copyright or other proprietary notations from the Content; or
  • transfer the Content to another person or “mirror” the Content on any other server.

You may only access our Service through the interfaces that we provide for that purpose (for example, you may not “scrape” our Service through automated means or “frame” any part of our Service), and in no event may you interfere with or attempt to disrupt our Service.

This License shall automatically terminate if you violate any of these restrictions and may be terminated by CHFP, in our sole discretion, at any time. Upon terminating your viewing of these Contents or upon the termination of this License, you must destroy any downloaded Contents in your possession whether in electronic or printed format.

In order to use our Service, you will need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or by use of your user account and that you will take precautions to keep your password and other account information secure. We reserve the right to decline orders, refuse partial or full delivery, terminate user accounts and/or cancel orders at any time in our sole discretion.

We are constantly modifying and improving our Service. We may introduce new features, change existing features or remove features from our Service at any time and without notice. If you provide us with any feedback or comments regarding our Service, you grant us the right to use such feedback or comments for any purpose without restriction and without payment to you.

+ Privacy

You will be requested to provide specific personal data to us, as described in the Privacy Policy (“Personal Data”). All uses of your Personal Data will be treated according to our Privacy Policy. By using our Website and our Service, you are accepting the terms and conditions of our Privacy Policy. If you object to having your information used as described in the Privacy Policy, your sole recourse is to discontinue using our Website and our Service.

You grant us, and all other persons or entities involved in the operation of our Website, the right to transmit, monitor, retrieve, store and use your information in connection with the operation of our Website. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using our tools and services.

+ Disclaimer

You expressly agree that use of our Service and our Website is at your own risk. Our Website and Service are provided on an “as available” and “as is” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to our Website and our Service. We make no warranty that our Website or our Service will be error free or meet your requirements, or that our Website or our Service will be uninterrupted, timely or secure; nor do we make any warranty as to the accuracy or reliability of the results that may be obtained from or through the use of our Website or our Service, or that defects in our Website or our Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance and results to be obtained through the use of our Website or our Service is with you. No information or advice, whether oral or written, obtained by you from us directly or through our Website or our Service, shall create any warranty not expressly made herein. We make no warranty regarding any transactions or dealings entered into with any other parties through our Website or our Service. You understand and agree that any Content downloaded or otherwise obtained through the use of our Website or our Service is done at your own discretion and risk, and that you will be solely responsible for any damage, including, but not limited to damage to your computer services or loss of data that results from such Content.

+ Limitation of Liability

In no event shall we (including, but not limited to, our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, suppliers and distributors) be liable to you for any incidental, special, punitive, consequential or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information, Content or other content maintained or transmitted by our Service and/or our Website, service interruptions, or the cost of procurement of substitute services) arising out of or in connection with our Service and/or our Website, or the Legal Terms, however arising, including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages, except as required by applicable law. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

We will not be liable for aggregate liability for all claims relating to our Service, our Website, the Legal Terms or any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you to us for the past 12 months of our Service. This provision applies to the maximum extent permitted by applicable law.

+ Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or user accounts relating to our Website and our Service. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform us of any need to deactivate a password.

+ Indemnification

You agree to indemnify and hold harmless each Indemnified Party from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney’s fees) (“Loss”) arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party (“Claim”) alleging any breach of your representations, warranties or covenants under the Legal Terms. You shall indemnify and hold harmless each Indemnified Party for any Loss arising out of or relating to (1) your violation of these Legal Terms or the rights of any other User or Visitor or (2) the transmission of computer viruses, worms, harmful program routines or other similar items by you into our Website or our Service, or (3) your use of our Website or our Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such Claim of which it becomes aware and shall: (x) at Indemnifying Party’s expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such Claim and (y) be entitled to participate in the defense of any such Claim with counsel of its own choosing.

+ Modifications and Revisions

Our Content could include technical, typographical, or photographic errors. We do not warrant that any of our Content is accurate, complete, or current. We may make changes to our Content at any time without notice. We do not, however, make any commitment to update the Contents.

Additionally, we reserve the right to modify or discontinue our Service or our Website with or without notice to you. We are not liable to you or any third party should we exercise our right to modify or discontinue our Service or our Website. If you object to any such changes, your sole recourse is to discontinue using our Service and our Website. Continued access and/or use of our Service or our Website following any such changes shall indicate your assent to and acceptance of such changes.

We may change the Legal Terms from time to time. We will notify you of any material changes by posting a notice of such changes on this page and updating the modification date below. If you object to any such changes, your sole recourse shall be to cease using our Service and/or our Website. Continued access to and/or use of our Service and/or our Website following notice of such modifications or changes shall indicate your assent to, and acceptance of, the Legal Terms, as these may be modified from time-to-time in our sole discretion.

We have not reviewed all of the sites linked to or from our Website, including but not limited to those of our Service Providers, and we are not responsible for the contents of any such linked site. The inclusion of a link does not imply endorsement by us of the linked site. Use of any such linked website is at your own risk and subject to the legal terms, guidelines or policies of that linked site, if applicable.

+ Governing Law

Any claim relating to our Website shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

+ Entire Agreement & Severability

The Legal Terms, subject to any amendments, modifications or additional agreements you enter into with us, shall constitute the entire agreement between you and us with respect to our Service and/or Website and any use of our Service and/or Website. If any provision of the Legal Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

+ Contacting Us

If there are any questions regarding our Terms and Conditions of Service you may contact us using the information below. Corbin Hill Food Project, Inc. 475 Riverside Drive, Suite 244 New York, NY 10115 P: 212-870-2003 F: 212-870-2007 E: farmshare@corbinhillfarm.com

 

Last Updated: May 11, 2017