ROGERS NEIGHBORHOOD FARM

MIKE'S NATURAL WONDERS- TERMS & CONDITIONS

I understand that Mike Walsh, Operating as Mike's Natural Wonders is a private entity and not a subsidiary of Roger's Neighborhood Farm. Roger's Neighborhood Farm offers web-hosting on behalf of Mike's Natural Wonders.

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READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF ITS FUNCTIONALITY. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. ROGERS NEIGHBORHOOD FARM ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.

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NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU  MAY HAVE WITH ROGERS NEIGHBORHOOD FARM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL
ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
 

Rogers Neighborhood Farm and/or Mike Walsh, operating as Mike's Natural Wonders may modify, suspend, or discontinue any part or all of our Sites or our services at any time and without notifying you. We also reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the end of these Terms and, if you are a subscriber to our service, by notifying you of such changes by email and requiring you will accept the new Terms upon your next login to the service. If you do not agree to changes in these Terms, then cancel
your subscription by logging into your account and selecting the “Cancel Subscription” button or by emailing us at rogersneighborhoodfarm@gmail.com.
 

By continuing to access or use the Sites or order, receive or use products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the products. If you do not agree to the revised Terms, you may not access or use the Sites
or order, receive or use the products.

A breach or violation of any of the Terms will result in an immediate termination of your account and
associated services.

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SECTION 1 – USING THE SITES
In order to access certain password-restricted areas of www.rogershneighborhood.com and to purchase Subscriptions to receive our products, you must successfully register an account with us. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. Because it is your account, it is your job to
obtain and maintain all equipment and services needed for access to and use of the site as well as paying
related charges. It is also your responsibility to maintain the confidentiality of your account password.
Should you believe your password or security for your account has been breached in any way, you must
immediately notify us. You may notify us by emailing us as rogersneighborhoodfarm@gmail.com.

By creating an Rogers Neighborhood Farm account, you also consent to receive electronic
communications from Rogers Neighborhood Farm (e.g., via email). These communications may include
notices about your account (i.e., an email to request information about produce pickup/drop off or important notifications or updates.) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

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By providing your mobile phone number to us through the site or in connection with your order, receipt or
use of our service, you consent to receive calls or text messages at any such phone number placed by or
on behalf of Rogers Neighborhood Farm, such as updates on the delivery status of your order, billing
issues, or any possible reminders. You may opt out of calls or text messages at any time by replying to the
text message with “STOP” or reaching to our Customer Care team. To reach out, send and email at
rogersneighborhoodfarm@gmail.com.

SECTION 2 – PAYMENT AND BILLING INFORMATION

You agree to pay the price applicable for all products you order and you agree to pay all applicable fees,
including but not limited to delivery fees and taxes related to your use of our Site and services. You will be made aware of any service fees at checkout.  We may suspend or terminate your account and/or access to our services if your payment is late and/or your credit card cannot be processed. By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or
canceled.

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ROGERS NEIGHBORHOOD FARM'S PRODUCE BOX SERVICE IS PROVIDED AS A RECURRING SUBSCRIPTION. YOU UNDERSTAND THAT, UNTIL YOU TERMINATE YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH WEEK THROUGH THE GROWING SEASON. AS AUTHORIZED BY YOU DURING YOUR SIGN-UP PROCESS, WE OR OUR THIRD PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD THE DAY YOUR BOX IS READY WITH THE APPLICABLE SUBSCRIPTION FEE UNLESS YOU CANCEL YOUR ENTIRE SUBSCRIPTION OR CHANGE YOUR YOUR ORDER FOR THAT WEEK BY THE END OF THE APPROPRIATE CUSTOMIZATION WINDOW (MUST BE AT LEAST 24 HOURS BEFORE YOUR PLANNED PICK-UP DAY). YOUR BOX WILL BE AVAILABLE FOR PICK-UP ON THE DELIVERY DATE, AT YOUR PREFERRED LOCATION DURING THE HOURS POSTED FOR EACH LOCATION. THIS PRODUCE IS PICKED FRESH FOR YOUR ORDER,
IF YOU MISS YOUR ARRANGED BOX PICK-UP, YOU HAVE 24 HOURS TO CONTACT ROGERS NEIGHBORHOOD FARM FOR FURTHER ARRANGMENTS BEFORE YOUR BOX IS DONATED. TO CANCEL YOUR SUBSCRIPTION ENTIRELY, PLEASE LOG INTO YOUR ACCOUNT AND SELECT THE “CANCEL SUBSCRIPTION” BUTTON.
IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE APPLICABLE CUTOFF DATE, YOU WILL NOT RECEIVE A REFUND FOR THAT WEEK, BUT WILL CONTINUE TO RECEIVE AND BE CHARGED FOR YOUR DELIVERY FOR THAT WEEK AND YOUR SUBSCRIPTION WILL TERMINATE THEREAFTER. IF YOU ATTEMPT TO CANCEL YOUR WEEKLY ORDER AFTER THE APPLICABLE CUTOFF DATE YOU WILL NOT RECEIVE A REFUND, BUT WILL RECEIVE AND BE CHARGED FOR YOUR ORDER FOR THAT WEEK AND YOUR NEXT WEEK’S ORDER WILL BE CANCELLED. ANY SUBSEQUENT WEEKS FOR WHICH YOU DO NOT REMOVE YOUR ORDER FROM YOUR ACCOUNT PRIOR TO THE APPLICABLE CUTOFF DATE WILL BE CHARGED TO YOUR PAYMENT METHOD.

 

If your credit or debit card cannot be immediately processed for any reason, we may make multiple
attempts to process any payment due until the payment is successfully processed. We will attempt to make

contact with you to resolve the issue. If there is an issue with payment, you will not receive a produce box
until we have received payment.

 

SECTION 3 – PRICING AND AVAILABILITY

When you sign up for a produce box subscription, you are agreeing to pay the total amount of the
subscription. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product
with or without notice. The total amount charged for your box includes the price of the individual
produce items and non-produce items, plus any base-price fees for the box, delivery fees, other fees, and
any applicable taxes.

 

SECTION 4 – DELIVERIES

You are responsible for inspecting all products you receive from us for any damage or other issues upon
pick-up. You should properly store (including refrigeration when applicable) all items you receive. If
arrangements for delivery have been made and you are not home when a delivery arrives, the delivery person may leave the package for you at your door, or in your building’s lobby, at its front desk, or in its mailroom, etc.
Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to
receive the delivery. In cases in which you have designated an alternative receiver, such person shall
accept the products under all of the same terms and conditions that would apply had you accepted the
delivery yourself. If you do not receive your delivery, if you are missing items, or if you are not
completely satisfied with your order, please contact rogersneighhorhoodfarm@gmail.com within 24
hours.

 

SECTION 5 – PRODUCT DESCRIPTIONS

Rogers Neighborhood Farm attempts to be as accurate as possible with all of our product descriptions.
However, Rogers Neighborhood Farm does not warrant that product descriptions, photos, or other
content of any product is accurate, complete, reliable, current, or error-free. The products delivered may
vary from the images and descriptions viewed on the site due to a number of factors that are not within
our control, including without limitation availability and variability of product, packaging, and raw
materials. If a product offered by Mike's Natural Wonders itself is not as described, your sole remedy
is to receive a credit or refund for the product. We are specifically working with natural produce items
that are misshapen and sometimes mis-colored – nature doesn’t grow perfect produce all the time. Due to
the gardener's preference, harmful pesticides and insecticides are avoided, an occasional insect may be
present. This is a small trade-off for the benefit of harsh sprays not being on your produce.

 

SECTION 6 – RETURNS, REPLACEMENTS, CREDITS, AND REFUNDS

If you are dissatisfied with any product, please reach out to rogersneighborhoodfarm@gmail.com

SECTION 7 - CANCELLATION POLICY
PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD THE DAY YOUR BOX IS READY WITH THE APPLICABLE SUBSCRIPTION FEE UNLESS YOU CANCEL YOUR ENTIRE SUBSCRIPTION OR CHANGE YOUR YOUR ORDER FOR THAT WEEK BY THE END OF THE APPROPRIATE CUSTOMIZATION WINDOW (MUST BE AT
LEAST 24 HOURS BEFORE YOUR PLANNED PICK-UP DAY). YOUR BOX WILL BE AVAILABLE FOR PICK-UP ON THE DELIVERY DATE, AT YOUR PREFERRED LOCATION DURING THE HOURS POSTED FOR EACH LOCATION. THIS PRODUCE IS PICKED FRESH FOR YOUR ORDER, IF YOU MISS YOUR ARRANGED BOX PICK-UP, YOU HAVE 24 HOURS TO CONTACT ROGERS NEIGHBORHOOD FARM FOR FURTHER ARRANGMENTS
BEFORE YOUR BOX IS DONATED. TO CANCEL YOUR SUBSCRIPTION ENTIRELY, PLEASE LOG INTO YOUR ACCOUNT AND SELECT THE “CANCEL SUBSCRIPTION” BUTTON.
 

IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE APPLICABLE CUTOFF DATE, YOU WILL NOT RECEIVE A REFUND FOR THAT WEEK, BUT WILL CONTINUE TO RECEIVE AND BE CHARGED FOR YOUR DELIVERY FOR THAT WEEK AND YOUR SUBSCRIPTION WILL TERMINATE THEREAFTER. IF YOU ATTEMPT TO CANCEL YOUR WEEKLY ORDER AFTER THE APPLICABLE CUTOFF DATE YOU WILL NOT RECEIVE A REFUND, BUT WILL RECEIVE AND BE CHARGED FOR YOUR ORDER FOR THAT WEEK AND YOUR NEXT WEEK’S ORDER WILL BE CANCELLED. ANY SUBSEQUENT WEEKS FOR WHICH YOU DO NOT REMOVE YOUR ORDER FROM YOUR ACCOUNT PRIOR TO THE APPLICABLE CUTOFF DATE WILL BE CHARGED TO YOUR PAYMENT METHOD.

SECTION 8 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rogers Neighborhood Farm and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.

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SECTION 9 – DISCLAIMERS

THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, Rogers Neighborhood Farm SPECIFICALLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS, AS WELL AS ANY WARRANTIES IMPLIED FROM A COURSE OF
DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. Rogers Neighborhood
Farm DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, WORMS, SPYWARE,
ADWARE, MALWARE OR OTHER POTENTIALLY DAMAGING PROGRAMS OR FILES THAT
MAY BE INSTALLED ON YOUR COMPUTER.
 

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING,
PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS
YOU RECEIVE FROM US.
 

ROGERS NEIGHBORHOOD FARM AND/OR MIKE WALSH (OPERATING AS MIKE'S NATURAL WONDERS) IS NOT RESPONSIBLE FOR YOUR ACTIONS AFTER YOUR ORDER HAS BEEN DELIVERED TO THE PROVIDED ADDRESS. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. 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. YOU, AND NOT ROGERS NEIGHBORHOOD FARM OR MIKE WAGNER (OPERATING AS MIKE'S NATURAL WONDERS) ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND  ANY POTENTIAL ALLERGENS IN THE PRODUCTS.
 

Any information provided by us on the Site regarding the products or otherwise (e.g. product
descriptions, promotional videos, or blog posts) is for informational purposes only and, as our
products are always changing based on the availability of produce that meets our standards,
may not necessarily be applicable to the products you purchase. You should read and strictly
follow all product labels, packaging inserts and instructions that accompany the products and all
manufacturer directions and warnings and seek independent professional advice when
appropriate.
 

Without limiting the generality of the foregoing, we make no warranty that our products or this
Website will meet your requirements or that this Site will be uninterrupted, timely, secure, or
error free or that defects in this Site will be corrected. We make no warranty as to the results
that may be obtained from the use of this Site or as to the accuracy or reliability of any
information obtained through this Site. No advice or information, whether oral or written,
obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall
create any warranty.

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SECTION 10 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ROGERS NEIGHBORHOOD FARM OR MIKE WAGNER (OPERATING AS MIKE'S NATURAL WONDERS)  BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE
TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ROGER'S NEIBGHBORHOOD FARM OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF ROGERS NEIGHBORHOOD FARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ROGERS NEIGHBORHOOD FARM OR MIKE WAGNER (OPERATING AS MIKE'S NATURAL WONDERS)  ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM ROGERS NEIGHBORHOOD FARM OR MIKE WAGNER (OPERATING AS MIKE'S NATURAL WONDERS)  EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ROGERS NEIGHBORHOOD FARM OR MIKE WAGNER (OPERATING AS MIKE'S NATURAL WONDERS)  SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

 

SECTION 11 – PRIVACY POLICY- Please access here.

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