TERMS OF SERVICE

 

Refunds

 

No refunds are given for abandoned box(s). If you reserve and pay for your box(s) online and do not show, you are still required to pay.

 

Indemnification and Hold Harmless

 

You agree to indemnify, defend and hold Desert Spoon Food Hub, its owners and each of is respective officers, partners, members employees, agents, coordinators, attorneys and affiliates harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and expenses including reasonable attorney’s fees, administrative costs and/or settlement costs arising from a breach in this Agreement, use of the Website, use of services, or exploitation of benefits to members in any manner whatsoever, as well as any claims, actions, suits, and proceedings against Desert Spoon Food Hub brought by any third party acting or purporting to act for you through you or on your behalf.

 

Limited Warranties and Disclaimer

 

THIS SITE AND THE MATERIALS AND INFORMATION PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DESERT SPOON FOOD HUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. DESERT SPOON FOOD HUB DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-OFFENSIVE, OR ERROR-FREE. TRUE FOOD BUYING CLUB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. DESERT SPOON FOOD HUB DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF DESERT SPOON FOOD HUB OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, MATERIALS, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

 

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Desert Spoon Food Hub.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL DESERT SPOON FOOD HUB, THE EMPLOYEES, DIRECTORS, COORDINATORS, OFFICERS, AGENTS, AFFILIATE RETAILERS, VENDORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR ARISING OUT OF THE CONNECTION WITH DESERT SPOON FOOD HUB OPERATIONS, SERVICES, MEMBERSHIP, BENEFITS, PRIVILEGES, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT OR MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND IN THE USE OF SITE OR PICKING UP OF PRODUCE AT THE LOCATION SPECIFIED.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DESERT SPOON FOOD HUB (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL OF $5 OR THE COMPENSATION YOU PAID TRUE FOOD BUYING CLUB, WHICHEVER IS LESS.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DESERT SPOON FOOD HUB PLUS $5.

 

Legal Equivalency

 

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

By your purchase you have read and agree to the Terms of Service.