FARMIGO MEMBER TERMS AND CONDITIONS


    Thank you for your interest in becoming a Farmigo Member and a part of the Farmigo Community.

    Please read the description below of how the Farmigo Community works, and of your and our responsibilities to one another, and if you agree, click on the “I accept” button.  When you click on the “I accept” button, you are agreeing to the responsibilities and terms described below, although you can always decide to stop being a Member.  You are also agreeing to follow the general Farmigo Terms and Conditions (including without limitation the New York governing law and arbitration provisions) and the Farmigo Privacy Policy, which govern use of the Farmigo website and the protection of information and privacy, among other things.  If something is specifically addressed below, then it will apply instead of any conflicting provision in the Farmigo Terms and Conditions or Farmigo Privacy Policy.  We reserve the right to update the Farmigo Terms and Conditions, Farmigo Privacy Policy and the Member Terms and Conditions.  In the case of any changes that materially affect your membership, you will be notified through the Farmigo website, or by email to an email address you have provided to us, and these updates will be binding once posted to the Farmigo website or emailed to you.  Your continued participation in the Farmigo Community as a Member will constitute acceptance by you of any such changes.  

    If you change your mind about being a Farmigo Member, you can stop your participation as described below.  

    It may help to understand these Member Terms and Conditions if we define a few simple terms we use: “Member”, “you” and “your” refers to you; “Farmigo”, “our”, “ourselves”, “we” and “us”, refers to the Farmigo Community and Farmigo, Inc.; “Producer” refers to farmers and other producers who sell their products through Farmigo; “site operator” means a person or organization operating a distribution site for Farmigo products; “Website” refers to the www.farmigo.com website and related websites operated by Farmigo.


    Ordering through Farmigo.com


    You may order and purchase fresh farm produce, foodstuffs and other farm products on the Website directly from various Producers for pick up at the distribution site most convenient to you.  We call these goods “Products”.  Your orders must be for your own use or that of your family or organization of which you are a member, or for gifts to others.  You are not permitted to purchase Products for resale to others.


    You select a distribution site in your area where you are willing and able to pick up Products (you may send someone besides yourself to pick up your orders).  Each distribution site has its participating Producers and delivery terms specifying where and when Products are available to be picked up, as well as any special rules applicable to that location.  Farmigo is not a distributor, producer or retailer, which means your purchases are between you and the Farmigo Producers, not between you and Farmigo.  What Farmigo does is bring Producers and Farmigo Members together and facilitate sales between them.


    You must place your order before the posted cutoff times for a given distribution date.  You may cancel, modify or place a hold on your order as long as you do so at least two full days before the scheduled day of distribution (so, as an example, if your pick-up site does distributions on Saturdays, cancellation should be made by you not later than Wednesday of that week).  For example, if you are going on vacation for a week, you may want to place a hold on your order, or if you change your mind about something you have ordered, you may want to cancel that part of your order.


    Unless you cancel or place a hold on your order at least two full days before the scheduled day of distribution, your Products will be packed by the Producers and waiting for you at your distribution site, and you will be charged for the full amount of your order, whether or not you pick up the Products.


    Site locations and pick-up times may change.  For example, if there is not enough consumer demand for a particular site, we may shut it down or consolidate it with another nearby site.  We will give you as much advance notice as possible of any such change.  If such a change results in your no longer being able to pick up your orders from that site, then it is your responsibility to cancel or change your orders. Farmigo is not responsible if you are unable to pick up your Products due to such changes.  


    If there is any problem with your order, Products, or your distribution site, you may contact us through our customer service department at help@farmigo.com or via the “Contact Us” link on the Website.  Please provide us your name, the pick-up time and location, your order number, and the nature of your problem.


    We will try to fulfill every order, but given the perishable nature of the Products, from time to time certain Products may become unavailable or may not meet our quality standards.  If this should happen, we will make every effort to contact you immediately and you will not be charged for the unavailable Products.  


    Some Producers may offer subscriptions, allowing you to make regular periodic orders. For example, you might order a dozen eggs and a gallon of milk on a weekly or bi-weekly basis from a Producer offering subscriptions for eggs and milk.  Some subscriptions may be for recently harvested produce chosen by the Producer offering that subscription.  In that case, your order of a subscription may mean that the Producer chooses what Product, and how much of it, to deliver for any given week (a pound of beets one week and a pound and a half of yellow squash another week, for example).  Because subscription terms will vary depending on the Producer (including with regard to their term and provisions regarding renewal), please read the description of each subscription offer carefully and only sign up for a subscription if the terms are acceptable to you.  Some Producers may have minimum amounts for subscription orders, and if not enough Farmigo Members sign up for a given subscription, the Producer may decide not to go forward with that subscription (in which case you will be so notified).


    Fresh farm produce and other Products are sometimes available only in limited supply. We therefore may limit the quantity of a particular Product that you may order.


    Any problems with your order or Products must be made known to us within 24 hours of the latest time for pick-up at your distribution site.  Farmigo will attempt to assist you in working with the appropriate Producer and/or site operator to resolve any such problems.  However, Farmigo acts only as a facilitator between you and the Producers and site operators.  The resolution of any complaints as well as warranty, guarantee, delivery, storage and all other matters concerning the Products received are between you and the Producers or site operator, as applicable.  


    We reserve the right to change the distribution sites, Products and prices at any time.  If you have already placed an order for delivery at such distribution site or of such Products, Farmigo will make every effort to contact you upon any change and attempt to provide a reasonable alternative.


    Your Account

    You are solely responsible for any authorized or unauthorized access to your Farmigo account by any person.  You agree to notify us promptly of any unauthorized use of your Farmigo account and to be responsible for all such use until you so notify us.  


    Term

    You agree to be a Member starting today until your membership is terminated under this agreement.


    You may terminate this agreement on our Website for any reason and at any time at least two full days before the next scheduled day of distribution for your distribution site.


    We may terminate this agreement with you at any time for any reason, including your failure to pay.


    Warranty Disclaimer


    As noted above, when you purchase Products through the Farmigo Community, you are purchasing those Products directly from the Producers and not from Farmigo.  The Producer is responsible for the description of the Products, quality issues relating to the Produces, or losses, illnesses or injuries you may suffer due to the Products.


    TO THE EXTENT PERMITTED BY APPLICABLE LAW, (I) FARMIGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE FARMIGO COMMUNITY AND SERVICE; (II) FARMIGO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY PRODUCER OR SITE OPERATOR OR PRODUCTS; AND (III)  NEITHER FARMIGO NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, OR PRODUCERS SHALL BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR PARTICIPATION IN THE FARMIGO COMMUNITY OR PURCHASE OR CONSUMPTION OF PRODUCTS.


    YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FARMIGO SERVICE AND TO TERMINATE THIS AGREEMENT.