Privacy Policy
Privacy Policy
This Privacy Policy ("Privacy Policy") sets out how Eat Seasonal, Inc. (the "Company," "we," "us," or "our") uses and protects any information that you (referred to as "you" or "your") provide when accessing, browsing, joining the waitlist, creating a member account, or otherwise using the website https://www.eatseasonal.co/ (the "Website") or any of the Company's services, including its farm share membership platform, CSA enrollment and pickup coordination tools, optional add-on purchasing, and access to educational content related to food and agriculture (collectively, the "Services").
Company is committed to ensuring that your privacy is protected. Any personal identifying information (hereinafter "Personal Information" and as defined below) you provide when using the Website and/or Services will only be used in accordance with this Privacy Policy. This Privacy Policy describes the types of information Company may collect from you or that you may provide when using the Website and/or Services, as well as its practices for collecting, using, retaining, protecting, and/or disclosing that Personal Information.
Eat Seasonal, Inc. ("Company" or "Seasonal") operates as a technology and coordination platform that facilitates transactions between Members and independent partner farms ("Farms") and pickup location operators ("Pickup Partners"). Participating Farms are the seller of record for all CSA shares and agricultural products offered through the platform. Company acts solely as a technology and coordination provider and, where applicable, as a limited payment collection agent for participating Farms. Company does not grow, harvest, manufacture, process, distribute, store, or sell any agricultural products offered through the platform, and does not take title, possession, or ownership of any food products at any time. Title to agricultural products transfers directly from the Farm to the Member upon pickup of the share at the designated pickup location. This Privacy Policy applies to all Personal Information collected in connection with these activities.
PERSONAL INFORMATION
What Personal Information is Collected?
When browsing, entering, purchasing, or otherwise accessing the Website or engaging with the Company for any of its available Services (together referred to as the "Services"), you may be asked to enter or disclose various types of Personal Information, which may include, but is not limited to:
Contact Information: name, e-mail, postal address, telephone number, or any other similar information.
Account Credentials: username, password, and any other information used to create and access your member account.
Membership and CSA Share Details: your assigned farm, farm share selections, seasonal enrollment dates, pickup location preferences, weekly share status (confirmed, skipped, or donated), skip history, add-on product selections, add-on order history, and any substitution or modification requests.
Pickup and Logistics Information: your designated pickup location, preferred pickup window, and any instructions provided to facilitate coordination with Farms or Pickup Partners.
Identification and Demographics: date of birth, gender, interests, lifestyle information, photos, social media credentials, contacts, or referrals.
Transactional: payment information, billing address, and transaction history. Payment card data is processed by our third-party payment processor and is not stored directly by the Company. Payments made through the Company's platform are collected by Company as a limited payment collection agent for participating Farms.
Customer Content: photos, videos, reviews, and other information you may submit, such as comments on the Website, other online forums, and social media platforms.
Research and Feedback: reviews and comments that you send through the Website and social media platforms; by email, over the phone or by mail.
Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.
Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements viewed, forms or fields you complete or partially complete, search terms, whether you open an email, content you view and duration, including educational content accessed through the platform, quality of the service, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.
Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. Company will ask for your permission before using your precise location from GPS-based functionality on your mobile devices.
Social Media Information: if you interact through a Third-Party Platform (as described herein) or social media website using your social media credentials, depending on your social media settings, Company may have access to your information from that social network such as your name, e-mail address, friend list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other websites you follow.
Additional Information: any additional information you provide either directly through the Website or through your participation, support request, interaction through its social media accounts, or any other communication.
When is Personal Information Collected?
Generally, you are not under any statutory or contractual obligation to provide Company any Personal Information; however, certain Personal Information may be automatically collected, and some Personal Information is required in order for you to use certain features of the Website and/or engage in the Services.
Company collects information from you when you: browse or otherwise use the Website; sign up for the waitlist; create a member account; enroll in a CSA program; confirm, skip, or donate your weekly share; place an add-on order; access educational content through the platform; receive or respond to a pickup confirmation text message; contact or engage Company for the Services; fill out an online form; make a purchase; or otherwise enter any information on the Website or Company's social media platforms, which may include, but are not limited to, Instagram, Facebook, or other third-party applications (together the "Third-Party Platforms").
How do you get my Consent?
By providing any Personal Information on the Website, including signing up for the waitlist, creating a member account, enrolling in a CSA program, completing a purchase, submitting a contact form, or verifying or changing your payment information, you consent to the collection, storage, and use of that information for the purposes described in this Privacy Policy, including to provide Services to you and to improve Company's offerings and your experience.
If Company asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to decline by contacting Company directly.
How do I Withdraw my Consent?
If you change your mind, you may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting the Company directly at John@eatseasonal.co or by mail at Eat Seasonal, Inc. d/b/a Seasonal, 508 West 112th Street, 7A, New York, NY 10025.
Company reserves the right to retain any information previously collected to the extent required by law or for legitimate business purposes, including resolving disputes, enforcing agreements, complying with legal obligations, and maintaining aggregated and de-identified data for analytics. Please note that withdrawing consent may affect your ability to use certain features of the Services, including your ability to participate in a CSA program.
How is your Personal Information used?
Company may use such Personal Information in any of the following ways, including but not limited to:
To personalize your experience on the Website.
To create and manage your member account.
To enroll you in a CSA program and assign you to a participating Farm.
To process payments and prevent fraudulent transactions, including collecting payments as a limited agent on behalf of participating Farms.
To send weekly pickup confirmation text messages (SMS) and allow you to confirm, skip, or donate your weekly share through those messages.
To coordinate and communicate your pickup logistics with your assigned Farm and Pickup Partner.
To process and fulfill add-on orders.
To send you transactional communications, including order confirmations, pickup reminders, account-related updates, and seasonal program information.
To send you marketing communications, newsletters, event invitations, and promotional offers (where you have opted in or as otherwise permitted by applicable law).
To provide and implement the Services.
To maintain and improve the Website and provide a seamless experience across all devices.
To allow Company to better service you in responding to your service requests or other queries.
To quickly process your transactions.
To investigate and help prevent security issues, abuse, or violations of law or the Terms.
Displaying content you generate, such as video, audio, and comments on the Website or on Third Party Platforms.
Compliance with laws, regulations, and ethical business conduct.
How is your Personal Information Protected?
Company takes the security of your Personal Information very seriously and implements reasonable administrative, technical, and physical safeguards when you use the Website, engage Company for the Services, or otherwise provide your Personal Information. Your Personal Information is accessible only to a limited number of persons who have authority to access it, including contractors or agents that Company may employ to perform tasks, fix bugs, and/or monitor the Website on its behalf. No method of transmission over the internet or electronic storage is 100% secure, and Company cannot guarantee absolute security.
Does Company Collect Information from Minors?
The Services are available to individuals who are at least eighteen (18) years of age, or to individuals between the ages of thirteen (13) and seventeen (17) with verifiable parental or legal guardian consent. Company does not knowingly collect Personal Information from children under the age of thirteen (13). If Company learns that it has collected any such data without the supervision of a parent or legal guardian, Company will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that Company has collected from a child under the age of thirteen (13) without the supervision of a parent or legal guardian, please contact Company immediately at John@eatseasonal.co.
How do I opt-out, remove, or modify any Personal Information I have provided?
You can request to have your Personal Information corrected, updated, or removed by contacting Company directly. Please note that Company may retain certain information as required by law or as necessary for legitimate business purposes, including record-keeping in connection with prior membership transactions and CSA program participation.
Acceptance of Terms
Through use of the Website, you are hereby accepting this Privacy Policy and each of the terms and conditions stipulated herein. If you are not in agreement with this Privacy Policy, you should refrain from any further use of the Website and Services. Your continued use of the Website and Services following the posting of any updates or changes to this Privacy Policy shall indicate that you agree and accept such changes.
Communications To You; SMS, Emails, & Calls
By providing your contact information and using the Services, you consent to receiving communications from Company, including but not limited to, e-mails, text messages (including weekly pickup confirmation messages), and/or calls regarding the Services, membership updates, marketing, and other relevant information. Standard message and data rates may apply to SMS communications. You may opt out of marketing SMS communications at any time by replying STOP to any text message from Company; however, Company reserves the right to continue sending transactional messages necessary for the fulfillment of your active membership, including but not limited to weekly pickup confirmation messages, which are not subject to the STOP opt-out mechanism. You may opt out of marketing e-mails by clicking the "unsubscribe" link in any such e-mail. You agree to provide true, accurate, and current Personal Information. Your engagement with the Website and Services may be shared with others in accordance with this Privacy Policy and the Company's Terms & Conditions.
Farm and Pickup Partner Disclosure
To fulfill your CSA membership and coordinate pickup logistics, Company shares relevant Personal Information, such as your name, contact information, share details, and pickup preferences, with your assigned partner Farm and the applicable Pickup Partner. These parties receive only the information necessary to fulfill your membership. Company requires these parties to maintain the confidentiality of your information and restricts their use of your information to purposes related to fulfilling your membership. They are not permitted to use your information for their own independent marketing purposes without your separate consent. Participating Farms are the seller of record for all CSA shares and agricultural products, and title to products transfers directly from the Farm to you upon pickup.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD COMPANY LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, WHETHER DIRECT OR INDIRECT, CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY SERVICES. FOR CLARITY, UNDER NO CIRCUMSTANCES WILL YOU HOLD COMPANY LIABLE FOR ANY DAMAGES WHATSOEVER CAUSED BY OR RELATED TO THE WEBSITE AND/OR YOUR PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA.
Does the Website use 'cookies'?
Yes. Company and its service providers and other third parties use cookies and similar technologies (e.g., HTTP cookies, web beacons, embedded scripts, and software development kits) to recognize you on, off, and across your devices. Cookies are small files that Company or its service providers transfer to your computer's hard drive through your web browser (if you allow) that enable Company's or its service providers' systems to recognize your browser or device and capture and remember certain information. They are also used to help Company understand your preferences based on previous or current Website activity, which enables Company to provide you with improved Services. The Website also uses cookies to compile aggregate data about Website traffic and interaction so that Company can offer better experiences in the future.
Company and its third-party partners may use tracking technologies such as cookies, pixels, and web beacons to collect and store information about you when you use or interact with the Website and marketing communications. These third parties may automatically receive your IP address when you access the Website and may use tracking technologies to measure the effectiveness of advertisements and personalize the advertising content you see.
You can opt-out of targeted advertising by visiting the following pages:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
Cookies are used to:
Understand and save your preferences for future visits.
Compile aggregate data about traffic and interactions to offer better experiences in the future. Company may also use trusted third-party service providers that track this information on its behalf.
You can choose to have your computer or device warn you each time a cookie is being sent, or you can turn off all cookies through your browser or device settings. If you disable cookies, some features on the Website may be disabled or may not function properly.
Third party and other disclosures of your Personal Information
Company engages the following third-party service providers, among others, in connection with the operation of the Website and Services:
Squarespace: website hosting and e-commerce infrastructure.
Mailchimp / Intuit: e-mail marketing and waitlist management platform.
Payment Processor(s): for the secure processing of membership fees, add-on purchases, and other transactions on behalf of participating Farms.
SMS / Messaging Platform: for the delivery of weekly pickup confirmation text messages and other platform notifications.
Each of these providers maintains its own privacy policy and data practices. Company encourages you to review the applicable privacy policies of these third-party services.
How is your Personal Information shared and disclosed?
Company may share and disclose your Personal Information for the following reasons:
Customer Instructions: You can determine your own policy for the sharing and disclosure of your Personal Information and Company does not control how you choose to share or disclose your Personal Information. Company will share and disclose your Personal Information in accordance with your instructions and in compliance with applicable law.
Compliance with Applicable Law: If Company receives a request for information, Company may disclose Personal Information if it reasonably believes disclosure is in accordance with or required by any applicable law, regulation, or legal process.
Third Party Links
The Website may contain links to third-party websites or services. These third parties have separate and independent privacy policies. Company has no responsibility or liability for the content and activities of these third parties. Nonetheless, Company seeks to protect the integrity of the Website and welcomes any feedback about these third-party links.
Behavioral Advertising
Company may use your Personal Information to provide you with targeted advertisements or marketing communications Company believes may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at: http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Newsletter Consent
You may receive a newsletter or other marketing communications from Company if:
You access our Website and have given your consent to the processing of your Personal Information and to the sending of such communications ("Express Consent").
You are a member, subscriber, Farm partner, Pickup Partner, or other affiliate who has expressed interest in our Services ("Implied Consent"). The use of your data for this purpose is based on Company's legitimate interest in promoting its seasonal programs, events, and local food community.
You may opt out of marketing e-mail communications at any time by clicking the "unsubscribe" link in any such e-mail or by contacting Company directly. You may opt out of SMS communications by replying STOP to any text message from Company.
Retention of your Personal Information
Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. Company will retain and use your Personal Information to the extent necessary to comply with its legal obligations, resolve disputes, complete audits, and/or enforce its legal agreements and policies.
INTERNATIONAL TRANSFERS
Company is headquartered in the United States. Company may transfer your information to service providers and other third parties located outside of your country of residence, including in the United States. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. Company takes steps to ensure that reasonable safeguards are in place to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. By providing Company with your Personal Information, you acknowledge and agree to any such transfer, storage, or use.
Some Services and Website functions can only be provided if Company has your Personal Information; therefore, deletion of your Personal Information may result in the termination of such Services or functions. Company will take reasonable steps to verify your identity before granting access to or modifying your Personal Information.
STATE SPECIFIC DATA POLICIES
Special Notice for California Residents
Company shall not market or advertise to minors products or services that minors are legally prohibited from purchasing, and shall not market or advertise based on Personal Information specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so.
Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain information regarding Company’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact Company directly.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act ("CPRA"), provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to know, access, delete, correct, and limit the use and disclosure of sensitive Personal Information. California consumers also have the right to opt out of the sale or sharing of Personal Information and to not be discriminated against for exercising their privacy rights. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
“Do Not Sell My Personal Information” (California Residents only)
California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.
Depending on how you use the Website, Company may share the following categories of information for such advertising which may be considered a sale or sharing (as defined by California law):
Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.
If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale or sharing), you may do so by contacting Company directly or by using the "Do Not Sell or Share My Personal Information" link on our Website.
Third Parties’ List – Shine the Light (California Residents only)
California residents can also request a list of all the third parties to which Company has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. Company will only accept requests submitted by mail to the address provided below, and Company is not responsible for notices that are not labeled or sent properly, or that do not have complete information. Company reserves the right to verify the identity of any requester before processing any request.
Special Notice for Nevada Residents
Nevada law allows certain Nevada consumers to opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. To exercise this right, Nevada residents may contact us at the information provided below.
Virginia Consumer Data Protection Act (Effective January 1, 2023)
Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give Virginia consumers the ability to access, correct, delete, and obtain a copy of personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance.
Virginia consumers can opt out of the processing of personal data for purposes of targeted advertising, the sale of their personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. To exercise these rights, Virginia residents may contact us at the information provided below.
Utah Consumer Privacy Act (Effective December 31, 2023)
The Utah Consumer Privacy Act (“UCPA”) provides Utah residents with the right to (a) confirm whether a controller is processing the consumer’s personal data and to access that personal data; (b) delete the consumer’s personal data that the consumer provided to the controller; (c) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable format where technically feasible, and where reasonably practicable and at the Company's discretion as to the specific format and method of delivery; and (d) opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data, subject to applicable exceptions under the UCPA. To exercise these rights, Utah residents may submit a verifiable request to us using the contact information provided below. We will respond to verified requests within the timeframes required by law and reserve the right to decline requests that do not meet applicable verification requirements or that fall within statutory exemptions.
The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of personal data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of personal data.
Connecticut Data Privacy Act (Effective July 1, 2023)
The Connecticut Data Privacy Act (“CTDPA”) defines “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.
Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects. To exercise these rights, Connecticut residents may contact us at the information provided below.
Colorado Privacy Act (Effective July 1, 2023)
Under the Colorado Privacy Act (“CPA”), “Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.
Under the CPA, businesses must provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Colorado consumers are afforded the right to opt out of the processing of personal data for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. The CPA also requires controllers to honor user-selected universal opt-out mechanisms. To exercise these rights, Colorado residents may contact us at the information provided below.
Updates and Changes to this Privacy Policy
Company is constantly aiming to improve its Website and Services, so it may update or change this Privacy Policy from time to time. Company reserves the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting to the Website, provided that Company may, at its sole discretion, designate certain changes as material and provide advance notice of up to thirty (30) days before such material changes take effect. If Company makes any material changes to this Privacy Policy, Company will notify you here and, where appropriate, by e-mail or platform notice.
If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach Company directly using the contact information provided below. Company will use commercially reasonable efforts to respond to your request in a timely manner, subject to applicable law and Company's operational requirements.
Eat Seasonal, Inc. d/b/a Seasonal
508 West 112th Street, 7A
New York, NY 10025
E-mail: John@eatseasonal.co
Terms & Conditions
Terms and Conditions
The following Terms and Conditions (hereinafter referred to as the “Terms”) constitutes a legal agreement between Eat Seasonal, Inc. (referred to as “Company,” “Seasonal,” “our,” “we,” or “us”) and you (referred to as “you”, “your”, or “Member(s)”), and your use of Company’s Services, the Seasonal Member Agreement, or its website located at https://www.eatseasonal.co/ (the “Website”).
Seasonal operates an online platform that facilitates participation in farm-direct Community Supported Agriculture ("CSA") programs and related local food purchasing opportunities (the "Services"). Through Seasonal’s platform, Members may enroll in CSA shares offered by participating farms, confirm weekly pickup of CSA shares, purchase optional add-on products, manage pickup preferences and account settings, and access educational content related to food and agriculture. Seasonal facilitates transactions between Members and independent agricultural producers ("Farms" or "Partner Farms"). Participating Farms are the seller of record for all CSA shares and agricultural products offered through the Seasonal platform. Seasonal acts solely as a technology and coordination provider and, where applicable, as a limited payment collection agent for participating Farms. Seasonal does not grow, harvest, manufacture, process, distribute, store, or sell agricultural products offered through the platform. Title to agricultural products transfers directly from the Farm to the Member upon pickup of the share at the designated pickup location. Seasonal does not take title, possession, or ownership of food products at any time.
Any use of our Services and/or Website, including but not limited to creating an account, enrolling in CSA shares, purchasing add-on products, or ordering products, is conditioned upon your acceptance of all the conditions, policies, and notices stated herein, including Seasonal’s Privacy Policy and the Seasonal Member Agreement. By using our Services and/or Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use Seasonal’s platform or Services. If you choose to allow any affiliate, entity, individual or third-party access to Seasonal’s Services and/or Website, you agree to be bound by these Terms on their behalf.
PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. DO NOT USE OUR SERVICES AND/OR WEBSITE IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR WEBSITE BY APPLICABLE LAW.
Any new features or tools, which are added to the Website, shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Company reserves the right to update, change, or replace these Terms at any time by posting updates and/or changes to the Website at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Personal Information; Access and Membership
In order to make a purchase through the Website, you must provide your first and last name, a valid email address, and, if you opt into text messaging, a valid mobile telephone number (together your “Personal Information”). You will then receive an email confirmation from Company when you enroll in CSA programs or purchase Add-On products (defined herein), as well as email updates from Company regarding order updates.
You represent and warrant that at all times (a) the information that you provide to Company will be true, accurate, current, and complete; (b) you will keep your email address and any identifying or Personal Information up to date; and (c) you are acting in a business or commercial capacity. Company is not responsible for any errors made by you when entering your Personal Information or making a purchase through the Website.
You represent and warrant that you are using the Website for your own personal use and not for resale, export, publication, re-use, or any other unauthorized use. You shall be responsible for (a) all activities that transpire on or with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of the Terms. It is your responsibility to notify Company immediately if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Company shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
You may terminate your Membership in accordance with the Member Agreement.
General Conditions of Use
By agreeing to these Terms, or by using the Website or any of the Services, you represent that you are at least eighteen (18) years of age. Individuals under the age of eighteen (18) may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
Company reserves the right to refuse access to the Website and/or any of the Services to anyone at any time and for any reason, including but not limited to, any breach or violation of these Terms. You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of the Services.
You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of the Services and/or Website at our sole discretion, for any reason, including but not limited to:
any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
by way of request from law enforcement or any other governmental agencies;
the discontinuance, alteration, or material modification to our Services, or any part thereof;
any engagement by you in any fraudulent or illegal activities; and/or
the non-payment of any associated fees that may be owed by you in connection with the Services and/or Website.
Furthermore, you agree that all terminations, suspensions, discontinuances, and limitations of access for cause shall be made at our sole discretion and Company shall not be liable to you or any other third-party regarding the termination of your Membership.
Pickup Locations, Hours, and Food Safety
Pickup Schedule and Hours. Products are available for pickup at designated pickup locations ("Pickup Locations") on scheduled pickup days as communicated to you via email or through the Website. Specific pickup windows and hours will be posted on the Website and may vary by location. Members must collect their share during the designated pickup window. Failure to pick up during the window may result in forfeiture of that week's share in accordance with the Seasonal Member Agreement. Members will receive a confirmation message via text containing a link to review, confirm, or change their weekly share status. If no response is received by the stated cutoff, the share is automatically confirmed for pickup.
Member Responsibility for Food Handling. You acknowledge that all products are perishable and must be refrigerated promptly after pickup. YOU ASSUME ALL RESPONSIBILITY FOR PROPER STORAGE, HANDLING, AND FOOD SAFETY FROM THE MOMENT YOU TAKE POSSESSION OF PRODUCTS AT THE PICKUP LOCATION. You must inspect all products at the time of pickup and transport them in a manner that maintains food safety. Produce is perishable, and Members are responsible for proper storage and handling after pickup.
Allergens and Dietary Restrictions. While we provide product information supplied by partner farms, you are solely responsible for reviewing all products for potential allergens before consumption.
Membership Services
Seasonal CSA Memberships (“Membership(s)”) are sold by season and provide a set number of weekly shares to be determined by Seasonal in its sole discretion. You will be assigned a specific Partner Farm for the duration of the season. Partner Farm assignments may not be changed prior to the end of the season.
Seasonal Member Agreement. The terms of Memberships shall be governed by the Seasonal Member Agreement which outline provisions including but not limited to pick up obligations, skip policies, share forfeiture, donation rules, and platform credit disputes. In the event of any conflict between these Terms & Conditions and the Seasonal Member Agreement regarding CSA participation, the Seasonal Member Agreement shall control.
Donations. You may elect to change your weekly share status from “confirmed” to “donate” prior to the applicable weekly modification deadline or during the pickup window where such option is available. By selecting this option, you voluntarily relinquish all rights to that week’s share, acknowledge that the share is forfeited and no refund, credit, or replacement will be issued, and authorize Seasonal to facilitate donation of the share on behalf of the Partner Farm. Seasonal performs this coordination solely as a disclosed agent of the Farm, and the Farm remains the donor of record for any donated products. You acknowledge that donated shares may be redistributed at the discretion of the Farm or Seasonal’s designated partners. No tax deduction, receipt, or donation documentation is guaranteed to you. Donation selections made after the published weekly modification deadline may not be guaranteed and may be treated as a missed pickup.
Pricing and Promotions
Membership Fees. CSA season fees must be paid in full at signup unless a payment plan is offered by Seasonal in its sole discretion. Your payment secures participation in the CSA program and is non-refundable except as provided below.
Refund Policy. Refunds may be issued only if Seasonal or the Partner Farm is unable to fulfill the Membership or Add-On Product (as defined herein). In no event shall refunds be provided for missed pickups, late pickups, dissatisfaction with produce selection, or normal agricultural variability.
Add-On Products. As part of its Services, Seasonal facilitates purchase of optional add-on products ("Add-On Products") including but not limited to dairy, eggs, meat, bread, and artisan goods from Partner Farms and producers, available for pickup at designated Pickup Locations. Optional add-on purchases may be available weekly. Orders must be placed and paid for no later than three (3) days prior to pickup. Quantities may be limited and sold on a first-come, first-served basis. Add-on purchases are billed at the time of order. Unpaid orders will not be fulfilled.
Farm Events and Classes. As part of its Services, Company hosts farm visits, cooking classes, and educational events for both Members and non-subscribers (“Event(s)”). The cost of such event will be posted on the Website and/or provided in any ticket purchase link unless it is listed as free. Purchasing a ticket to any event does not constitute the purchase of a Subscription; however, any attendee of an event agrees to be bound by these Terms.
Prices and Payments. Unless otherwise noted, prices associated with any Memberships or Events offered by Company shall be listed on the Website and are subject to change at any time. Payments made through the Website are collected by Seasonal as a limited payment collection agent for participating Partner Farms. Seasonal may retain platform service fees associated with the coordination and operation of the Services and/or Website.
Promotions. Company may offer discounts or sales on the Website (“Promotions”) which may be subject to change at any time. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, that promotion’s terms and conditions shall govern that specific circumstance.
Errors and Inaccuracies. Company makes reasonable efforts to ensure the accuracy of information on the Website and through the Services, including pricing, product descriptions, farm information, and pickup details. However, the Website may inadvertently contain errors, inaccuracies, or omissions, including but not limited to typographical errors, pricing errors, technical errors, inaccuracies in product descriptions or farm information, or outdated information. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted. Company is not responsible for the accuracy of information provided by Partner Farms, including harvest estimates, product descriptions, farming practices, or certification status. If a product is listed at an incorrect price or with incorrect information due to an error, Company reserves the right to refuse or cancel any orders placed for that product, even after payment has been processed. In the event of order cancellation due to pricing error, Company will provide a full refund of amounts paid.
6. Third-Party Farms and Producers
Company does not grow, produce, process, package, inspect, test, or handle food products. Company does not own, operate, or control Partner Farms. Partner Farms are independent businesses solely responsible for all aspects of food production, safety, quality, and compliance with applicable food safety laws and regulations.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING FARMING METHODS, ORGANIC CERTIFICATION STATUS, FOOD SAFETY PRACTICES, COMPLIANCE WITH FOOD SAFETY REGULATIONS, OR PRODUCT QUALITY OF PARTNER FARMS. YOU ACKNOWLEDGE AND AGREE THAT PARTNER FARMS ARE INDEPENDENT THIRD PARTIES AND COMPANY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, PRODUCTS, PRACTICES, FOOD SAFETY VIOLATIONS, OR REGULATORY NON-COMPLIANCE OF PARTNER FARMS.
Company does not inspect, test, certify, or verify products, farming practices, or food safety protocols of Partner Farms. Company relies entirely on Partner Farms' representations regarding their farming practices, food safety protocols, and product quality. Company does not conduct food safety audits, inspect facilities, test products for contaminants or pathogens, or verify compliance with food safety regulations. Company does not guarantee organic status, pesticide-free growing, absence of contaminants, or any specific farming method unless explicitly stated by the Partner Farm and verified through independent third-party certification (which Company does not perform). Any claims regarding farming practices, organic status, food safety, or sustainability are made by the Partner Farms, not by Company, and Company does not verify the accuracy of such claims.
COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE ACCURACY OF PARTNER FARM REPRESENTATIONS, FOOD SAFETY PRACTICES, REGULATORY COMPLIANCE, AND THE SAFETY AND QUALITY OF PRODUCTS PROVIDED BY PARTNER FARMS. YOU ACKNOWLEDGE THAT YOU ARE PURCHASING PRODUCTS DIRECTLY FROM PARTNER FARMS AND COMPANY IS MERELY FACILITATING THE TRANSACTION AND PROVIDING A PICKUP LOCATION. COMPANY DISCLAIMS ALL WARRANTIES REGARDING PRODUCE QUALITY, APPEARANCE, SIZE, RIPENESS, YIELD, FRESHNESS, OR SAFETY.
Product Quality and Farm Responsibility. You acknowledge that all products are grown, produced, packaged, and supplied by independent Partner Farms. PARTNER FARMS, NOT COMPANY, ARE SOLELY RESPONSIBLE FOR FOOD SAFETY, QUALITY, FRESHNESS, AND SUITABILITY FOR CONSUMPTION. Products are subject to seasonal availability and agricultural variability. Partner Farms may substitute comparable items of equal or greater value when specific products are unavailable due to weather, crop failure, or other circumstances beyond their control. Natural variations in size, appearance, and ripeness are inherent to fresh farm products. Any complaints regarding product quality, freshness, or food safety must be directed to the Partner Farm that supplied the product.
User Content and Reviews
You may have the option to provide a rating and/or review of the Website and Services (“Feedback”). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice.
You may share recipes, photos, and other content related to products, farms, and your experience with our Services. You grant Company the right to use such content in accordance with our Privacy Policy.Reviews, recipes, photos, or other content may not be able to be deleted once uploaded. Other users may be able to comment on your posts.
You retain the right to provide honest reviews and feedback regarding our Services and products. However, you agree not to post false, defamatory, or misleading statements about Company, Partner Farms, or products.
Company may display testimonials, member experiences, photographs of CSA shares, harvest examples, or insights about Farm operations on the Website or in marketing materials. Such testimonials and photos are provided for illustrative purposes only and represent specific experiences at particular times. COMPANY DOES NOT GUARANTEE THAT YOUR EXPERIENCE, SHARE CONTENTS, OR RESULTS WILL BE IDENTICAL OR SIMILAR TO ANY TESTIMONIALS, PHOTOS, OR EXAMPLES DISPLAYED. Agricultural products vary significantly based on season, weather, growing conditions, farm practices, and other factors beyond Company's control. Product photos are representative only and actual share contents, product appearance, size, variety, and quantity will vary. Share values, harvest estimates, and seasonal calendars are estimates only and do not constitute guarantees. Each individual or Farm whose testimonial or photo appears has provided consent for such use, but their experiences do not predict or guarantee your results.
8. Content Disputes
In the event of a dispute related to or stemming from any user generated content (a “Content Dispute”), you must contact Company via email at John@eatseasonal.co.
We abide by the Digital Millennium Copyright Act (the “DMCA”) as it relates to online service providers, like us, being asked to remove material that allegedly violates another’s copyright. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company respects others’ intellectual property rights and further reserves the right to delete or disable content alleged to be infringing, and to terminate the User Accounts of repeat alleged infringers. In the event of a DMCA violation, please contact our Website Administrator containing the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
identification of works or materials being infringed;
identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
your contact information as the reporter including address, telephone number and email address;
a statement that you have a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury that the information provided is accurate and the reporting party is authorized to make the complaint on behalf of the copyright owner.
Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company counternotice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Visit https://www.copyright.gov/ for additional details.
9. Intellectual Property & Proprietary Rights
Company owns, solely and exclusively, all right, title, and interest in and to its Services and the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Website not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part.
If you post, upload, or make available any information, data, text, files, communications, or other materials regarding the Website and/or your use of the Services on any website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter, including but not limited to advertising, promoting, and marketing the Website and Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and Company will not be liable for any use or disclosure of any of Your Content.
10. No Professional Advice
The information provided by the Company, including recipes, nutritional information, and dietary suggestions, does not, and is not intended to, constitute professional medical, nutritional, or dietary advice. You should consult with a qualified healthcare provider, registered dietitian, or nutritionist before making dietary changes, especially if you have medical conditions, food allergies, or dietary restrictions. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services and the Website.
11. Disclaimer of Warranties and Limitation of Liability
Pickup Services and Limitations. Company provides Pickup Locations solely as convenient pickup points for products supplied by Partner Farms. Pickup Locations provide basic refrigeration for temporary storage of products between farm drop-off and member pickup. Company personnel may be present at Pickup Locations to assist with Member check-in, coordination of pickups, and logistical operations. Such presence does not constitute handling, storage, distribution, possession, or control of food products by Company. All agricultural products remain under the responsibility and ownership of the Partner Farm until retrieved by the Member or the Member's authorized designee. COMPANY DOES NOT INSPECT, TEST, REPACKAGE, OR HANDLE FOOD PRODUCTS BEYOND TEMPORARY REFRIGERATED STORAGE. Company is not responsible for product quality, contamination, spoilage, or food safety issues arising from Partner Farm handling, transportation to Pickup Locations, or defects in products as delivered by Partner Farms. Company makes reasonable efforts to maintain appropriate refrigeration temperatures at Pickup Locations, but COMPANY IS NOT LIABLE FOR EQUIPMENT FAILURE, POWER OUTAGES, TEMPERATURE FLUCTUATIONS, OR ANY FOOD SAFETY ISSUES ARISING PRIOR TO YOUR PICKUP. You must inspect products at the time of pickup and immediately notify Company of any visible quality issues before leaving the Pickup Locations.
Farm Delivery to Pickup Locations. Partner Farms are responsible for delivering products to Pickup Locations according to agreed schedules. Company is not responsible for farms' failure to deliver, late deliveries, or delivery of inadequate quantities. Weather conditions, farm operations, transportation issues, or other circumstances affecting Partner Farms may impact product availability. COMPANY CANNOT GUARANTEE PRODUCT AVAILABILITY, DELIVERY SCHEDULES, OR THAT FARMS WILL FULFILL THEIR OBLIGATIONS. Company will make reasonable efforts to notify you of significant delays or unavailability but is not liable for any consequences of farm delivery failures.
THE USE OF THE WEBSITE AND THE SERVICES, INCLUDING ALL FOOD PRODUCTS, ARE AT YOUR SOLE RISK. ALL SERVICES AND PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF QUALITY, FRESHNESS, SAFETY, OR SUITABILITY FOR CONSUMPTION; (d) WARRANTY REGARDING ORGANIC STATUS, FARMING PRACTICES, OR GROWING METHODS; OR (e) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY PRODUCTS OR PARTNER FARMS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (a) COMPANY DOES NOT GROW, PRODUCE, INSPECT, TEST, OR HANDLE PRODUCTS; (b) CONSUMPTION OF FRESH FARM PRODUCTS CARRIES INHERENT RISKS INCLUDING BUT NOT LIMITED TO FOODBORNE ILLNESS FROM BACTERIA (E. COLI, SALMONELLA, LISTERIA, ETC.), VIRUSES, PARASITES, ALLERGIC REACTIONS, CONTAMINATION FROM PESTICIDES OR ENVIRONMENTAL FACTORS, AND SPOILAGE; AND (c) COMPANY HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR FARMING PRACTICES, FOOD SAFETY PROTOCOLS, OR PRODUCT QUALITY OF PARTNER FARMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM CONSUMPTION OF PRODUCTS, INCLUDING FOODBORNE ILLNESS, ALLERGIC REACTIONS, CONTAMINATION, PERSONAL INJURY, OR DEATH. YOU UNDERSTAND AND AGREE THAT YOUR PURCHASE AND CONSUMPTION OF PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM CONSUMPTION OF PRODUCTS SUPPLIED BY PARTNER FARMS.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR FOODBORNE ILLNESS, ALLERGIC REACTIONS, SPOILAGE, PROPERTY DAMAGE, LOST PROFITS, OR MEDICAL EXPENSES, WHETHER ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE THE PRICE PAID BY MEMBER.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any recipes, nutritional information, or dietary advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any dietary changes, health outcomes, or effects on any person following the information offered or provided within or through the Website. If you have specific health concerns, medical conditions, or dietary restrictions, you should consult with a qualified healthcare provider or registered dietitian.
The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, (ii) death or bodily injury resulting from our acts or omissions, or (iii) fraud or intentional misrepresentation. Notwithstanding the foregoing, Company does not produce, grow, harvest, manufacture, process, or take possession of agricultural products offered through the platform. Participating Farms remain solely responsible for the production, safety, quality, and regulatory compliance of all agricultural products they supply. To the maximum extent permitted by law, Seasonal disclaims responsibility for the quality, safety, legality, or suitability of agricultural products produced by participating Farms.
12. Arbitration and Disputes
Disputes. Participation in a CSA program involves a degree of shared agricultural risk between the Farm and the Member. Any disputes regarding product quality, food safety, or foodborne illness should be directed to the Farm that supplied the product. Participating Farms remain responsible for the production, safety, and regulatory compliance of the agricultural products they produce and supply. Seasonal may facilitate communication but is not responsible for Farm responses or resolution.
Release. You hereby release and forever discharge Seasonal, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any and all claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees and medical expenses), known and unknown, suspected or unsuspected, arising out of or in any way connected with: (a) any dispute you have with any Farm, producer, or other Member; (b) the quality, safety, freshness, or condition of any products; (c) foodborne illness, food poisoning, or any illness or injury resulting from consumption of products; (d) allergic reactions to products; (e) contamination of products with bacteria, viruses, parasites, pesticides, allergens, or other contaminants; (f) crop failure, seasonal unavailability, or product substitutions; (g) farm delivery failures or delays; (h) Farm food safety practices or regulatory non-compliance; (i) any acts or omissions of Farms; or (j) equipment failure or temperature control issues at Pickup Locations, whether it be at law or in equity that exist as of the date of these Terms or arise in the future. YOU ACKNOWLEDGE THAT THE SALE OF CSA SHARES AND AGRICULTURAL PRODUCTS OCCURS DIRECTLY BETWEEN THE PARTNER FARM AND THE MEMBER, AND SEASONAL'S ROLE IS LIMITED TO FACILITATING THOSE TRANSACTIONS AND COORDINATING PICKUP LOGISTICS. YOU ACKNOWLEDGE THAT YOU ARE PURCHASING PRODUCTS DIRECTLY FROM FARMS AND RELEASING SEASONAL FROM ALL LIABILITY RELATED TO SUCH PRODUCTS.
Indemnification. By using the Seasonal platform and engaging in our services, you agree to indemnify, hold harmless, and defend Seasonal, its affiliates, and their respective directors, officers, shareholders, employees, agents, and service providers from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees, expert witness fees, and medical expenses resulting directly or indirectly from: (a) a claim by a third-party related to your use of the services or platform; (b) your violation of these Terms; (c) any claim arising from products you purchased through the platform, including claims by family members, guests, or others to whom you provided products; (d) any foodborne illness or injury suffered by third parties from products you obtained through the platform; or (e) your failure to properly handle, store, or refrigerate products after pickup. This indemnification includes any liabilities arising from your interactions with Farms or other Members.
Arbitration. If a controversy or claim should arise, you and Seasonal (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association, excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be final and binding. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. The arbitration shall be conducted in New York County, New York, unless otherwise required by law. Judgment may be entered in any court having jurisdiction.
Class Action Waiver. Any arbitration shall be conducted in each individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13. SMS/Text Messaging Terms (Powered by Mailchimp)
Opt-In and Consent. When you opt-in to the text messaging service, Seasonal will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from Seasonal. Automated messages may be sent using an automatic telephone dialing system ("ATDS") to the mobile telephone number you provided when signing up or any other number that you designate. Your consent to receive marketing messages is not a condition of purchase, and you may use the Services without consenting to receive marketing text messages.
Message Frequency and Content. Message frequency varies, and additional messages may be sent periodically based on your interaction with Seasonal. Seasonal reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Seasonal also reserves the right to change the short code, phone number, or alphanumeric sender from which messages are sent at any time without notice to you.
Costs. Standard message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider directly. Your mobile provider is not liable for delayed or undelivered messages.
Carriers. Carriers are not liable for delayed or undelivered messages.
Cancellation and Opt-Out. Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, Seasonal will send you a message to confirm that you have been unsubscribed and that no further messages will be sent. If you would like to receive messages from Seasonal again, just sign up as you did the first time and Seasonal will start sending messages to you again.
Support. For support regarding our messaging services, email us at support@eatseasonal.co or, if supported, text "HELP" in response to any message at any time and we will respond with instructions on how to unsubscribe. If we include a link in any message sent from Seasonal, you may also access instructions on how to unsubscribe and our company information by following that link.
Transfer of Phone Number. You agree that before changing your mobile phone number or transferring your mobile phone number to another individual, you will: (a) reply "STOP" from your original number; (b) unsubscribe using the link included in a message, if one is provided; or (c) notify Seasonal of your old number at support@eatseasonal.co. The obligation to notify Seasonal upon any such change or transfer is a condition of using this messaging service. Failure to notify Seasonal may result in messages being sent to an unintended recipient, for which Seasonal shall bear no responsibility.
Messaging Terms Changes. Seasonal reserves the right to change or terminate the messaging program at any time. Seasonal also reserves the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting on the Website. If you do not agree to a change to these Messaging Terms, you should cancel your enrollment in the messaging program by texting STOP or following the opt-out instructions above. Your continued enrollment following such changes shall constitute your acceptance of the updated Messaging Terms.
14. Notices
Seasonal may provide any notice to you under the Terms by: (a) sending a message to the email address you provided; (b) by posting directly to the platform; or (c) via text message or in-app notification. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the platform will be effective upon posting. It is your responsibility to keep your email address current and review new notices.
To provide Company notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent. Text message communications are subject to the SMS/Text Messaging Terms set forth in Section 13 of these Terms.
15. Miscellaneous
Third-Party Content. Services shall contain links and references to other third-party providers. Company is not responsible for any third-party content or the actions of those providing such content. Any information regarding a third-party found on the Website does not imply that Company endorses or accepts any responsibility or liability for the third-party, or vice versa.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company.
Privacy Policy. Companyrespects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. Company collects and processes personal information necessary to provide the Services, including contact information, payment information, pickup preferences, product selections, usage data, and, where applicable, mobile telephone numbers and messaging preferences in connection with our text messaging program. For complete details on data collection, use, storage, and your privacy rights, please review our Privacy Policy available on the Website. You acknowledge and consent to the collection and use of your personal information by Company.
Affiliate Relationships and Marketing Partners. Company may promote, recommend, or partner with Partner Farms, food producers, agricultural suppliers, or other businesses whose products or services align with Company's mission ("Marketing Partners"). In some instances, Company may receive financial compensation in the form of affiliate fees, referral commissions, revenue sharing, or other consideration in exchange for promoting Marketing Partners' products or services. Company is selective in choosing Marketing Partners and only promotes businesses that Company believes align with its values and may benefit Members. However, any promotion, recommendation, or link to a Marketing Partner does not constitute a formal endorsement by Company of that partner's products, services, business practices, quality, safety, or suitability. Company makes no representations or warranties regarding Marketing Partners. You are solely responsible for exercising your own judgment and conducting your own due diligence before purchasing products or services from any Marketing Partner. Company disclaims all liability for any products, services, or conduct of Marketing Partners, and any financial relationship does not alter Company's disclaimer of warranties or limitation of liability with respect to such partners.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by an authorized representative of Company.
Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, drought, frost, extreme weather, crop failure, pest infestation, plant disease, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Users.Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Members. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website, Services, or any products must be filed within one (1) year after such claim or cause of action arose or be forever barred. For claims related to product quality, food safety, or foodborne illness, you must provide written notice to Company within seven (7) days of discovery of the issue.
Entire Agreement. These Terms constitute the sole and entire agreement between you and the Company regarding the Website, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
If you have any questions, please contact Company directly at:
Email: John@eatseasonal.co
Mailing Address: 508 West 112th Street, 7A, New York, NY 10025