These terms of use ("Terms") are entered into by and between You and Vangarden, LLC d/b/a Seasonal Roots ("we," or "us"). The following terms and conditions, together with our privacy policy govern your access to and use of SeasonalRoots.com ("Website"), including any content, functionality, and services that we offer ("Services").
Please read these Terms carefully before you ("User" or "Member") start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found on https://seasonalroots.com/privacy. If you do not want to agree to these Terms, you must not access or use the Website.
This Website, the Terms or our Privacy Policy may be changed at any time in our discretion so please check back frequently. We will post the date on which changes were made. Continued use of the Website or our services indicate your acceptance of the updated Terms. Do not use the Website if you are under 18 years of age.
Account. In order to access certain offerings such as placing orders and joining as a member (see Annual Membership Fee below) on our Website you will need to set up a User Account ("Account"). You are solely responsible for protecting any passwords you set up and controlling access to your Account. You are responsible for all orders placed or other actions taken through your Account.
Intellectual Property Rights. The Website and its entire contents, features, and functionality, including any logos, designs, text, graphics, information, pictures, data or other files, are our property or that of our licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Website for your personal, non-commercial use only and may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, copy, store, or transmit any of the material on our Website. Our name, logo, designs, graphics or text are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses. You are solely responsible for all your activity in connection with the Website and the Services. As a condition of your use of the Website, you warrant and represent that you will not use the Website and or the Services for any purposes that is unlawful or prohibited, including but not limited to:
We make no claims or warranties that the Website, or any Services thereon, will be suitable for specific purposes, complete, timely, reliable, or free from errors, inaccuracies, or typographical mistakes. Except as provided elsewhere in these Terms, we DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEASONAL ROOTS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE IN AN ERROR-FREE MANNER, OR IS COMPLETELY FREE FROM VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL CODE.
Payment Terms. All purchases on the Website are processed through PayPal, whose terms and conditions can be found on https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. Once you leave our Website, the Terms no longer apply and we are not responsible for your use of any third-party website.
Annual Membership Fee. When your application for membership ("Membership") is approved by us, you agree to pay the annual, non-refundable membership fee of $50 ("Membership Fee") for the first year ("Initial Term") of your Membership, and a non-refundable Membership Fee of $35 for each subsequent year of your Membership ("Additional Term"). For purposes of these Terms, the Initial Term and any subsequent Additional Term are referred to collectively as the "Term".
Per our 30-day satisfaction guarantee, we will refund any Membership Fee in full if you cancel your Membership, or renewal, within the first thirty (30) calendar days after becoming a Member or renewing your membership.
Cancellation by Member. You may cancel your Membership at any time by a) notifying us via email at support@seasonalroots.com that you wish to cancel or b) signing into your account and selecting "Cancel Membership". Any money that remains in the Member's account will be refunded after monies that are due Seasonal Roots have been deducted.
Note that unless you notify us at least two weeks prior to the end of the current annual Term, you will be charged the applicable non-refundable Membership Fee of $35 on the Monday before the anniversary of your membership acceptance date.
Cancellation by Seasonal Roots. We may terminate your use of the Website or any service we offer, in whole or in part, for any reason including but not limited to non-payment, providing false information or other breach of these Terms. Upon termination we have the right to offset any amounts due to a Member with fees due to us. Any money that remains in the Member's account will be refunded after monies that are due Seasonal Roots have been deducted.
Refund and Return. If an item is delivered in an inedible condition, we will, at our sole option, either deliver a replacement item of equal or higher value for the inedible item the next time you order, or will issue a credit for the value of the inedible item (in an amount to be determined solely by us) to your Account.
Substitutions. We buy fruits, vegetables, and other food items from many farmers and food artisans. While our suppliers and our staff do their best to plan out our season, unanticipated events may disrupt our deliveries or ability to provide local food items. These disruptions include acts of God, vehicle problems, damage to our produce, weather, inaccurate quantity estimations by our farmers, and more. During these events, we will make reasonable business efforts to provide substitute(s) or alternative items to replace the items that we do not have, however, some may be remedied the week after the reported problem. Selection of substitute items will be determined solely by us.
Limitation of Liability. In no event shall we or our licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, whether or not we have been advised of the possibility of the damage, arising out of or in connection with the use or performance of the Website or our Services.
Indemnity. You agree that you shall indemnify and hold harmless us, our Members, directors, officers, employees, and successors and assigns against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms (ii) any suit, claim, or demand arising from or relating to your use of the Services, and/or (iii) any suit, claim, or demand arising from the use or inability to use the Website.
Links. We may provide links to third party websites for your convenience only. We do not control or review these websites, nor does the presence of a link imply any endorsement of any third party or their websites. We are not responsible for the contents, accuracy, completeness, or security of materials on linked websites. If you elect to access any non-Seasonal Roots websites, you do so at your own risk.
Severability. If any provision of these Terms is found to be invalid, illegal, or otherwise unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected in any way.
Governing Law. The Website and your use of it are governed by the laws of the Commonwealth of Virginia, not including its conflicts of laws provisions. You agree to submit to the jurisdiction of the state and federal courts for the City of Richmond, Virginia, and agree that venue in these courts is proper in any legal action or proceeding arising from or related to the Website or the Services.