A service of Local Agriculture Expansion Foundation, LLC
This is a Customer Agreement (the “Customer Agreement“) between Local Agriculture Expansion Foundation, LLC, (the “laef” or “we”), which provides website features and other services to you when and you visit or shop at laef (the “laef Services“), and you (the “Customer” or “you”). We provide the laef Services subject to the following conditions.
Although this Customer Agreement outlines the general scope of services available through your use of the laef Services, the third-party merchants (the “Merchant Farm” or “Farm”) featured on the website may have additional terms and conditions governing your purchase. Any such agreement between the Customer and Merchant Farm shall be outside of this Customer Agreement and we do not review, maintain, or become a party of such agreements. Be sure to check with any Farm you purchase from before entering into any agreement or enter into a Community Supported Agriculture Agreement with (the “CSA”).
By completing the checkout process on our website, you are agreeing to all terms and conditions of this Customer Agreement for all purchases, scheduled pickups, or CSAs. This Agreement will allow for Customers to purchase and receive fresh fruit and produce from participating Farms as well as enter into CSA agreements with participating Farms. laef shall provide the user interface for Customers to select and purchase items from participating Farms, and schedule pickup times and locations.
laef participating Farms will provide vegetables, fruit, meat or other grown items from the Farm for sale to laef Customers during the growing season. Farms providing CSA agreements will provide boxes, at the agreed-upon cadence for the agreed-upon duration, which will vary in the amount and type of produce as it is dependent upon the harvest of the week. The availability of vegetables and fruit will vary due to the climate, Farm’s selections, biology, and other unpredictable variables. laef and participating Farms cannot promise the delivery of any certain item on any specific date.
Customers agree to pay in full prior to pick up. For CSA agreements, you understand that unless your initial payments are paid in full and you sign your CSA agreement, you will not be a CSA member with your Farm and will not receive produce.
Due to the nature of the product, we do not offer refunds. Our service is about commitment to a local farmer and our commitment to you. If you wish to cancel a particular pickup or delivery you may contact your Farm and attempt to make special arrangements; however, this is not guaranteed. No credits or refunds shall be provided unless otherwise arranged with a Farm.
You are responsible for observing all pick-up site rules that may be issued by the pick-up site in addition to the following rules:
By using the laef Services and interacting with the Merchant Farms you understand, warrant, and agree with all of the following:
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM FARMS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY A FARM OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LAEF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE LAEF AND LOCAL AGRICULTURE EXPANSION FOUNDATION, LLC FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LOCAL AGRICULTURE EXPANSION FOUNDATION, LLC OR LAEF PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE PRODUCTS OFFERED THROUGH THIS SERVICE, ANY AND ALL DAMAGES FROM ACCESS OR USE OF THIS SITE, AND THE ORDER AND RECEIPT OF PRODUCTS PURCHASED THROUGH FARMS.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless laef, Local Agriculture Expansion Foundation LLC, our Farms and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “laef Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the laef Services by you or any third party you authorize to access or use such laef Services, (b) any user content you create, post, share or store on or through the laef Services or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of this Consumer Agreements, and (e) your violation of the rights of another. You agree to promptly notify laef of any third party Claims, cooperate with the laef Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LAEF SERVICES OR YOUR PURCHASE OF THE PRODUCE FROM THE MERCHANT FARM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LEAF SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You and laef agree that each party will notify the other party in writing of any arbitrable or small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to laef shall be sent through the contact form on the site. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your laef account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and laef cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or laef may, as appropriate and in accordance with this Section, file a claim in court in Allen County, Indiana.
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Indiana, without regard to conflict of law rules or principles (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the Court of Common Pleas of Allen County, Indiana.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and laef relating to your access to and use of the site and your order, receipt and use of products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and laef’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
*I have read all of the above and understand the membership agreement and am at least 18 years of age. I understand and agree to pay for and pick up my purchase at each scheduled delivery. If I do NOT pick up my purchase on my designated day, I understand that it will NOT be held for a later date unless other arrangements are made.
We encourage you to print and save this page for future reference if you’re into that sort of thing.
Terms are subject to change without notice.