Welcome to The Farmer's Daughter website (the "Site"). Use of the Site and our
products and services is contingent upon your acceptance of and compliance with
these Terms of Service ("Terms of Service") and our Privacy Policy ("Privacy
Policy").
These Terms of Service constitute a valid and binding agreement between The Farmer's
Daughter, LLC, ("The Farmer's Daughter," "us," "we") and you ("you," "your,"
"Subscriber"). If you have any questions about these Terms of Service, please
send us an e-mail at info@organiclunchkids.com.
This Site is owned and operated by The Farmer's Daughter, LLC. This Site does
not provide any medical advice. Nothing stated or presented on this Site, or
any link provided by this Site, is intended to be a substitute for professional
medical advice. Always seek the advice of your physician or other qualified healthcare
provider if you have any questions regarding your diet, nutrition, a medical
condition, exercise, etc.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, WE DO NOT GRANT YOU ANY LICENSE
OR USE RIGHTS HEREUNDER, AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.
Acceptance of Terms of Service.
By using the Site and/or by completing the registration process
and clicking on the "I Agree to the Terms of Service", you agree
to be bound by these Terms of Service in your access to and use
of the Site, and in connection with any and all products or services
offered on, purchased by you or otherwise provided through the
Site (collectively, the "Service").
Modifications. a. Terms of Service. The Farmer's Daughter hereby reserves
the right to change these Terms of Service in its sole discretion.
Notice of any such changes will be posted on the Site, and The Farmer's
Daughter will send you an email alerting you to such changes. Your
continued use of the Site thereafter shall be deemed your acceptance
and ratification of any such changes to the Terms of Service.
b. Site and Pricing Schedules.
The Farmer's Daughter may in its sole discretion add, delete, modify
or amend features of the Site and/or the Service, and fees contained
within and charged in connection therewith. Notice of any such
changes will be posted on the Site and The Farmer's Daughter will
send you an email alerting you to such changes. Your continued
use of the Site and/or the Service thereafter shall be deemed your
acceptance and ratification of any such changes to the Site and/or
the Service.
Registration Fee and Use of The Farmer's Daughter Property after Registration; Your Account and Password; Order History;
Monitoring a. Registration. In consideration of your use of the Site
and Service, you agree to: (i) provide true, accurate, current and
complete information about yourself in responding to and completing
the registration form; and (ii) keep the registration information
true, accurate, current and complete by maintaining and updating
when necessary (all the foregoing, collectively, "Account Information").
You acknowledge and agree that you are solely responsible for the
accuracy of your Account Information provided to The Farmer's Daughter.
If you provide any Account Information or other information that
is untrue, inaccurate, not current or incomplete, or The Farmer's
Daughter has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, The Farmer's Daughter
has the right to suspend or terminate your account, refuse any and
all current or future use of the Service (or any portion thereof),
and take any other action it deems necessary under applicable law.
You acknowledge and agree that The Farmer's Daughter will rely upon
your Account Information in providing the Service. (iii) Under the Terms of Service, you agree by way of your registration that the $25.00 fee is per child, paid annually and/or per school year. The non-refundable registration fee of $25.00 includes distribution of The Farmer's Daughter food service in LapTop Lunch Boxes on a lease basis only and is designated by one lunch box per child registered with The Farmer's Daughter food service in participating schools. The LapTop Lunch Box is and shall remain the property of The Farmer's Daughter at all times. Any and all parts or components of the LapTop Lunch Boxes are the property The Farmer's Daughter. Should you register and participate in the Service, and discontinue said Service at any time and for any reason, you are not entitled to a refund of $25.00. The Farmer's Daughter has the right to suspend or terminate your account, refuse any and all current or future use of the Service (or any portion thereof, including but not limited to, The LapTop Lunch Box and components parts therein), and take any other action it deems necessary under applicable law should the property of The Farmer's Daughter be lost, mishandled, abused or stolen.
The Farmer's Daughter takes the safety and privacy of all its users,
especially children, very seriously. For this reason, you must and
hereby do represent and warrant that you are at least 18 years old
and that you are the parent/legal guardian of the child/children
for whom the meals, snacks, or other food items described on the
Site (collectively, "Food") or other aspects of the Service are ordered.
As the parent/legal guardian, it is your sole and exclusive responsibility
to determine whether the Food or any other aspects of the Services
and/or the Site and its content is appropriate for any child/children
for whom you are the legal guardian.
The Farmer's Daughter cannot and does not guarantee that your child
shall be free from allergic reaction to any Food items selected by
you and provided by The Farmer's Daughter, and you shall be solely
responsible for monitoring for, and protecting your child against,
any such reactions.
b. Your Account and Password. You are solely responsible for safeguarding
and maintaining the secrecy and confidentiality of your account and
related information. Any use of a Subscriber account is the sole
responsibility of the Subscriber, including those instances where
a party other than the Subscriber uses that account. Subscribers
should immediately notify The Farmer's Daughter of any suspected
or actual unauthorized use of a Subscriber account or any other breach
or threatened breach of the Site's security. You agree to pay all
charges that accrue to your account through your use of the Site
and the Services or such use by those authorized by you.
c. Order History. You may view your past orders and payments at any
time by visiting your Order History.
d. Monitoring. The Farmer's Daughter reserves the right, but does
not assume the obligation, to monitor transactions and communications
that occur through the Site. If we determine, in our sole and absolute
discretion, that you will breach a term or condition of these Terms
of Service, The Farmer's Daughter may cancel the transaction or take
any other action to restrict your access to the Site or the Service.
Ordering Through the Site.
You acknowledge and agree that you are subscribing to a Food Plan
for your child, consisting of predetermined Food items. We strive
to suit the individual needs of your child; however, you acknowledge
and agree that the Food menu cannot be modified to suit all the
individual needs of your child. A current list of schools and
camps participating in The Farmer's Daughter program will be
displayed as you proceed through the registration and ordering
process. You can change or modify your order anytime 5 or more
days in advance of the lunch delivery.
Availability.
From time to time certain Food items may be unavailable due to,
among other things, conditions beyond The Farmer's Daughter's
control. In such event, The Farmer's Daughter reserves the right
to provide an alternate Food item to fulfill your order. We will
select any alternate Food item to fulfill your order based on
your Order History.
Delivery and Storage of Product.
To receive delivery of Food items under your Food Plan, your child's
school or camp must have agreed to participate in The Farmer's
Daughter program. Our delivery personnel will deliver Food items
to a designated place at your child's school or camp, and the
school or camp will allow your child to pick up the Food items
having his/her name on it.
The Farmer's Daughter uses thermal/coolant containers in an effort
to maintain the quality and integrity of Food items during delivery.
The Farmer's Daughter is not and shall not be responsible in any
way for ensuring that your child's school or camp maintains the
integrity, quality or other aspect of such Food items after delivery
by The Farmer's Daughter.
FOLLOWING DELIVERY BY THE FARMER'S DAUGHTER, THE HANDLING, SERVING,
AND ANY AND ALL OTHER ACTIVITIES REASONABLY RELATED TO PROVIDING
YOUR CHILD'S FOOD ITEMS TO YOUR CHILD, ARE THE SOLE RESPONSIBILITY
OF YOUR CHILD'S SCHOOL OR CAMP, AND THE FARMER'S DAUGHTER DOES NOT
AND SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY NEGLIGENCE,
MISHANDLING, MISUSE OF YOUR CHILD'S FOOD ITEMS, LUNCHBOX CONTAINERS,
FLATWARE, AND/OR THERMAL/COOLANT CONTAINERS, OR OTHER ACTION OR INACTION
BY YOUR CHILD'S SCHOOL'S OR CAMP'S OR SUCH OTHER SCHOOL'S OR CAMP'S
PERSONNEL OR ANY OTHER THIRD PARTY IN CONNECTION THEREWITH.
In the case unforeseen delivery impediments such as adverse weather
conditions, The Farmer's Daughter may adjust its delivery schedule,
which may impact its ability to deliver your child's lunch. In the
event that such delivery schedule adjustments will result in significant
or material delay, The Farmer's Daughter customer service representative
will, to the extent reasonably practicable, notify you by email and
phone prior to delivering Food items pursuant to the adjusted schedule.
The Farmer's Daughter will use reasonable efforts to resume scheduled
delivery as soon as conditions permit.
Payment; Refunds. a. Direct Subscriber Payments. The Farmer's Daughter accepts
Visa, MasterCard via PayPal. We are unable to apply manufacturer's
coupons, food stamps, or any other payment method not listed above.
We will not knowingly process charges based on or using an incorrect,
expired, or over-charged credit card. However, in the event such
an order is processed, The Farmer's Daughter reserves the right to
promptly collect, and you hereby agree to promptly pay The Farmer's
Daughter, all amounts due, payable, or owed by you to The Farmer's
Daughter. The Farmer's Daughter may charge a fee of $15 per order
in the event you attempt to make a payment by credit card that is
declined, necessitating an alternative mode of payment or exception
processing. Your right to use the Site is subject to limits established
by The Farmer's Daughter in its sole discretion and/or by your credit
card issuer.
b. Refunds. For Direct Subscriber Payees, full refunds will be issued
for cancellations that occur at least 5 days prior to the date of
delivery. Refunds will be credited back to the credit card you registered
in your Account Information. Refunds will not be issued for either
Direct Subscriber Payees in the case of unforeseen changes in the
schedules of your child or your child's school or camp which occur
within 5 days of the date of delivery. These include sick days,
school cancellation due to adverse weather conditions, unforeseen
changes in school schedule or delivery site, and other such events.
THE FARMER'S DAUGHTER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE
ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL
FEES OR SEPARATE CHARGES FOR SERVICES PROVIDED BY THE FARMER'S DAUGHTER.
ANY SUCH CHANGES WILL BECOME EFFECTIVE THIRTY (30) DAYS AFTER AN
ONLINE POSTING ON THE SITE. THE FARMER'S DAUGHTER MAY, AT ITS OPTION,
PROVIDE NOTICE OF SUCH CHANGES VIA EMAIL.
YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF
A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE
OF SUCH CHANGE. YOU AGREE AND ACKNOWLEDGE THAT THE FARMER'S DAUGHTER
SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURRENCE
OR LACK THEREOF.
Termination of Services.
You may terminate your use of the Site and the Service at any time
without prior notice. The Farmer's Daughter may also, in its
sole discretion, at any time discontinue providing certain Food
items or any part thereof, with or without advance notice. You
agree that any termination of your access to the Site under any
provision of these Terms of Service may be effected without prior
notice, and acknowledge and agree that The Farmer's Daughter,
in addition to any other legal or equitable remedies, may immediately
deactivate or delete your account and/or bar any further access
to the Site. Further, you agree that The Farmer's Daughter shall
not be liable to you or any third-party for any termination of
your access to the Site as provided in these Terms of Service.
Links and Third Party Content Disclaimer.
You acknowledge and agree that The Farmer's Daughter has no control
over any of the third party web sites, if any, to which the Site
links. Any such links are provided solely as a convenience and
The Farmer's Daughter makes no representations and offers no
warranties as to the nature, scope, quality, purported results,
or any and all other items, materials, aspects, or content contained
on the linked sites. The Farmer's Daughter bears no responsibility
and exerts no control for and over the relationship that you
have with such third party sites and makes no representations
regarding the terms or conditions such sites may impose upon
you. The Farmer's Daughter reserves the right, at its sole discretion,
to feature, describe, and present third party content, software,
and materials on the Site, all of which shall be subject to these
Terms of Service, and the use of all of which shall be governed
and controlled by such third party's respective Terms of Service,
Terms of Use or equivalent agreement.
Intellectual Property Rights.
Any and all works of authorship, inventions, discoveries, trademarks,
service marks, or other intellectual property in connection with
the Site, descriptions, and the Food items and other products and
materials The Farmer's Daughter describes on or furnishes through
the Site (collectively, "Intellectual Property") are the sole property
of The Farmer's Daughter or its third party licensors and are protected
to the fullest extent possible by copyright, trademark and other
intellectual property laws, and you shall have no right, title, or
interest under any such Intellectual Property except as expressly
permitted hereunder. You are strictly prohibited from copying, preparing
derivative works of, reproducing, re-transmitting, distributing,
publishing, commercially exploiting, or otherwise transferring any
such materials in any format or medium whatsoever. If you believe
your intellectual property is being improperly used on the Site,
please contact us at [email address]. Please include the words "Intellectual
Property Use" in the subject header of your email.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL
OR NUTRITIONAL ADVICE. ALL SERVICES PROVIDED THROUGH THIS SITE,
ARE PROVIDED TO YOU ON AN "AS IS," "WITH ALL FAULTS," AND "AS
AVAILABLE" BASIS. THE FARMER'S DAUGHTER DOES NOT MAKE, AND EXPRESSLY
DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD
TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT THROUGH
THIS SITE AND UNDER THESE TERMS OF SERVICE, INCLUDING WITHOUT
LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FARMER'S
DAUGHTER DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR
SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY
AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
THE FARMER'S DAUGHTER SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS
ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND
IN NO EVENT SHALL THE FARMER'S DAUGHTER BE LIABLE FOR SUCH DAMAGES
RESULTING FROM THE ACTIONS OR CONDUCT OF ANY THE FARMER'S DAUGHTER
SUBSCRIBER OR USER. THE FARMER'S DAUGHTER RESERVES THE RIGHT TO LIMIT
YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE FARMER'S
DAUGHTER AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY
OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO THE FARMER'S DAUGHTER
ACTUAL OR ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL NOT
EXCEED THE AMOUNT OF ALL MONIES PAID BY YOU TO THE FARMER'S DAUGHTER
IN CONNECTION WITH THE SERVICES OFFERED THROUGH THE SITE AND UNDER
THESE TERMS OF SERVICE.
ALL INFORMATION, RECIPES, MENU ENTRIES, FOOD, AND PRODUCT DESCRIPTIONS
(COLLECTIVELY, THE "DESCRIPTIONS") AND/OR THIRD PARTY ENDORSEMENTS
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DESCRIPTIONS SHOULD
NOT BE USED AS A THERAPEUTIC MODALITY OR AS A SUBSTITUTE FOR THE
ADVICE OF A NUTRITIONIST OR OTHER HEALTHCARE PROFESSIONAL. THE NUTRITIONAL
INFORMATION PROVIDED FOR IN THE RECIPES, FOODS, AND PRODUCTS ON THE
SITE IS BASED ON INDUSTRY STANDARD ANALYSIS. ANY ENDORSEMENT ON THE
SITE IN CONNECTION THEREWITH IS INTENDED TO HELP YOU MAKE INFORMED
DECISIONS ABOUT YOUR CHILD'S NUTRITION AND DIET AND IS NOT DESIGNED,
INTENDED, OR CAPABLE OF REPLACING PERSONALIZED NUTRITION AND HEALTH
SERVICES. NO ACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENT OF
THE SITE, REGARDLESS OF PERCEIVED SCIENTIFIC MERIT.
THE FARMER'S DAUGHTER CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD
SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD ITEMS SELECTED BY
YOU AND PROVIDED BY THE FARMER'S DAUGHTER, AND YOU SHALL BE SOLELY
RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST,
ANY SUCH REACTIONS AND/OR, NORTH CAROLINA ENVIRONMENTAL HEALTH CODE
REGULATION SPECIFIYING POTENTIALLY HAZARDOUS FOODS. Â THE FARMER'S
DAUGHTER SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND
ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE
DAMAGES, AND OTHER TYPES OF DAMAGES IN ANY EVENT IN CONNECTION WITH
THE FORGOING EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT
YOUR CHILD MAY HAVE.
Hold Harmless and Indemnification.
By using the Site or taking delivery of the Food items, you agree
to indemnify, defend, and hold The Farmer's Daughter and its
respective parents, subsidiaries, affiliates, employees, contractors
and agents, and each of their respective officers, directors,
employees and third party providers harmless, from and against
any claim, demand, action or other proceeding, and all related
all losses, liabilities, damages, costs, and expenses, including
reasonable attorneys' fees, made by any third party or incurred
by any of the foregoing due to or arising out of your use of
the Site, Descriptions, or the Food items, or the use of the
Site by any party using your account, including but not limited
to violation of these Terms of Service or the infringement of
any intellectual property or other right of any person or entity.
Choice of Law/Forum.
These Terms of Service shall be governed by the laws of the State
of North Carolina in the United States of America, excluding
its conflicts of law provisions and the United Nations Convention
on Contracts for the Sale of Goods.
Severability.
If any provision of this Agreement or the application thereof to
any person or circumstance shall be invalid or unenforceable
to any extent, the remainder of these Terms of Service and the
application of such provisions to other persons or circumstances
shall not be affected thereby and shall be enforced to the greatest
extent permitted by law.
Entire Agreement.
It is hereby acknowledged that these Terms of Service and the Privacy
Policy constitutes the entire agreement between the parties pertaining
to the subject matter hereof, and supersedes in their entirety
any and all written or oral agreements previously existing between
the parties with respect to such subject matter.
Surviving Provisions.
The provisions of Sections 4-16 these Terms of Service shall survive
any termination of these Terms of Service.
