Mendocino Farms Sandwich Market Terms of Service
Last Changes to Terms of Service: December 18, 2019
This is a legal agreement between you (“you” or “user”) and Mendocino Farms that states the material terms and conditions that govern your use of the Sites. These Terms of Service, together with all updates, supplements, additional terms, and all of Mendocino Farms’ rules and policies collectively constitute this “Agreement” between you and Mendocino Farms. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE SITES.
- Access and Content License. Mendocino Farms grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Sites and their Content (as defined below). This license does not include any resale or commercial use of the Sites or their Content; any derivative use of the Sites or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Sites and/or any portion thereof may not be reproduced, sold, resold, or otherwise exploited for any purpose without Mendocino Farms’ express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
- Copyright and Ownership. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Mendocino Farms, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Sites may only be used for the intended purpose for which such Sites are being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, their Content and all related rights shall remain the exclusive property of Mendocino Farms, its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.
- Trademarks/No Endorsement. All trademarks, service marks and trade names of Mendocino Farms used herein (including but not limited to: Mendocino Farms name, Mendocino Farms corporate logo, the Mendocino Farms design, and any associated logos or slogans) (collectively “Marks”) are trademarks or registered trademarks of Mendocino Farms or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Mendocino Farms trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Mendocino Farms’ prior written consent. You shall not use Mendocino Farms’ name or any language, pictures or symbols which could, in Mendocino Farms’ judgment, imply Mendocino Farms’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
- Account Registration and Security. You understand that you will need to create an account to have access to all of the parts of the Sites. You further understand that you will be required to have an Email account and login to your Email account through the Sites to get access to the account. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mendocino Farms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mendocino Farms has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- Access and Interference.You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.
- Third Party Links. From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Mendocino Farms or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Sites, you do so entirely at your own risk.
- Partners. In some cases we partner with third parties to co-promote their services on our Sites, which may include the marketing, sale and fulfillment of orders for food, beverages (“Food Products”) and other products. In these cases, you may be transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s terms of service, the partner’s terms of service will prevail.
- Order Eligibility. You may only purchase products or items which appear on the Sites and are delivered to an address located in the United States. You may only purchase products for personal use or personal consumption by either yourself or your intended recipient of the products. Mendocino Farms may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Mendocino Farms. Mendocino Farms makes no promise that products and services available on the Sites are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Sites from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Sites from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Sites.
- Products, Content and Specifications. Details of the products, items and services available for purchase are set out on the Sites. All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of products and services described or depicted on this Sites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. Mendocino will prepare, handle and store all Food Products and other products in accordance with applicable laws and regulations, including without limitation all laws, rules and regulations governing time or temperature controls required for food safety. Merchant will determine any quality, portion, size, ingredient or other criteria that apply to Food Products. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Accuracy of the Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products included on the Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or delivery of any order.
- Fees. For all charges or deposits for any events, products, items and services ordered by you on or through the Sites, Mendocino Farms or its vendors or agents will bill your bank card or alternative payment method offered by Mendocino Farms and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Mendocino Farms and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. You understand that our payment processor may hold and store such bank card or payment information in compliance with law to facilitate payment and deposit, damage reimbursement, and other liability purposes.
- Termination. You or we may suspend or terminate your account or your use of this Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (i) you breach this Agreement; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us.
- Representations and Warranties. You represent that you have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Sites is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this Agreement and all applicable laws and regulations.
- DISCLAIMERS. Your use of the SITES is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MENDOCINO FARMS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER MENDOCINO FARMS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MENDOCINO FARMS OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATIONS OF LIABILITY. MENDOCINO FARMS DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITES. IN NO EVENT WILL MENDOCINO FARMS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL MENDOCINO FARMS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (i) TWENTY FIVE DOLLARS (US $25.00) OR (ii) THE VALUE OF THE PRODUCTS OR SERVICES PURCHASED BY YOU ON THE SITES.
- Indemnity. You agree to defend, indemnify and hold Mendocino Farms and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or your placement or transmission of any content, message or information on or through this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to Mendocino Farms, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.
- Release. In the event that you have a dispute with one or more other end users of the Sites, you release Mendocino Farms (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Force Majeure. Neither Mendocino Farms nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Choice of Law. Any claim relating to, and the use of, the Sites and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- General. This Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Mendocino Farms in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
- Additional Assistance. If you do not understand any of the foregoing Agreement or if you have any questions or comments, we invite you to contact our customer service team by email at [email protected].
- Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2019, Mendocino Farms, LLC and its related companies or its licensors. ALL RIGHTS RESERVED.