TERMS OF SERVICE

Welcome to www.chowlocally.com. Chow Locally LLC and/or its affiliates ("Chow Locally") provide website features to you subject to the following terms and conditions. If you visit or shop at www.chowlocally.com, you accept these terms and conditions. Please read them carefully.

Chow Locally works with a number of different types of businesses in order to provide our services. We will use the term “partners” and/or “third parties” to refer to any or all of them. Chow Locally reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion, especially in the event of a violation of any of these terms and conditions.

PRIVACY

Your privacy is of the utmost important to us. Chow Locally will not sell your personal information to third parties for any reason. The following outlines our privacy policy:

  1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected, typically the purchase of an item from a partner.
  2. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  3. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  4. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  5. We will protect personal information by commercially reasonable security safeguards against loss or theft, and unauthorized access, disclosure, copying, use, or modification.
  6. We will make readily available to customers, upon written request, information about our policies and practices relating to the management of personal information.
  7. If you post reviews or comments, you grant Chow Locally and sublicensees the right to use the name that you submit in connection with such content, if they choose.
  8. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

If you decide to communicate with one of our partners directly and/or through our website, we suggest that you carefully review their privacy statements and other terms of service before initiating contact or providing any personal information to them. Chow Locally does not assume any responsibility or liability for the actions, products, or contents of any of these or any other third party, nor for how they use your personal information.

ELECTRONIC COMMUNICATIONS

When you visit www.chowlocally.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

OUTSIDE WEBSITES AND COMMUNICATION WITH OUTSIDE WEBSITES

We may provide links to the websites of our partners and other third parties. We do not examine, evaluate, or maintain these websites; therefore, we do not warrant the offerings of any of these partners or third parties or the content of their websites. Chow Locally has not reviewed all of the websites linking to www.chowlocally.com or the websites liking from www.chowlocally.com, and does not assume responsibility or liability for the contents, products, or actions of any such linked website or any other third parties. The inclusion of any link does not imply endorsement by Chow Locally of the website. Use of any such linked website is at the user's own risk. Again, you should carefully review their privacy statements and other terms of service before following a link to their website.

COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Chow Locally or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Chow Locally and protected by U.S. and international copyright laws. All software used on this website is the property of Chow Locally or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

www.chowlocally.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Chow Locally. Chow Locally's trademarks and trade dress may not be used in connection with any product or service that is not Chow Locally's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chow Locally.

All other trademarks not owned by Chow Locally that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chow Locally.

LICENSE AND WEBSITE ACCESS

Chow Locally grants you a limited license to access and make personal use of this website, including the printing of order forms, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Chow Locally.

This license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chow Locally. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chow Locally without the express written consent of Chow Locally. You may not use any meta tags or any other "hidden text" utilizing Chow Locally's name or trademarks without the express written consent of Chow Locally.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.chowlocally.com, so long as the link does not portray Chow Locally, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Chow Locally logo or other proprietary graphic or trademark as part of the hyperlink without express written permission.

Any unauthorized use or violation of any of these terms or conditions terminates the permission or licenses granted by Chow Locally.

YOUR ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Chow Locally reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Chow Locally reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Chow Locally a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Chow Locally and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify Chow Locally for all claims resulting from content you supply. Chow Locally takes no responsibility and assumes no liability for any content posted by you or any third party, and you use such content at your own risk.

PAYMENT

Chow Locally uses Authorize.net, a third party software service, to manage your financial transactions and does NOT retain the details of your personal credit card information in our systems for any reason. Your submission of credit card information on our website is subject to all terms of use for Authorize.net.

PRODUCT DESCRIPTIONS & PRICING

Chow Locally attempts to be as accurate as possible. However, Chow Locally does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free.

Chow Locally may provide generic images and descriptions of goods to partners to use for their posts. Partners may also supply their own, and in fact are encouraged, but not required, to do. Chow Locally is not responsible for any representations of the quality, condition, age, nutrition contents, edibility, or other physical characteristic of any produce made or implied by any farmer using Chow Locally’s service. If you are dissatisfied with your purchase, take a picture of the item with which you are dissatisfied as soon as you identify the problem and submit it with a request for purchase review. The conditions of Chow Locally’s review/refund process can be found here. Chow Locally’s order process can be found here.

Chow Locally has no control over the prices of anything sold on our website. Our partners set their own prices just as they do at the farmers’ markets. As such, vendors are at liberty to adjust their prices up or down at any time for any reason. The price you pay is the price you see when you add the item to your cart and proceed through the checkout process. You are not eligible for any refund or recompense if the price of the item you purchased decreases or increases after you have added it to your cart.

ORDER PROCESS

Chow Locally will only release the purchased items to the person, or his/her designated representative, who must be listed on the order form. It is your, or the designated representative’s, responsibility to bring some form of identification. A printed copy of your order may also be acceptable, at the discretion of the booth staff. If you need to make a change to who is picking up your order, you must do so by email no later than 3:00pm of the day before your pick up is scheduled.

If you do not pick up your order by closing time at the farmers’ market and/or the designated closing time for any other pick up site (these times will be clearly disclosed when you place your order), your order can and will be donated to a local charitable organization. You will NOT be refunded the purchase price, any money, nor given any credits toward future or past purchases if this happens, regardless of the circumstance.

Sometimes, a partner or third party may experience a situation beyond its control that makes its product un-sellable or unavailable after it has been purchased through our website and before you have come to pick it up. In that event, you will be promptly notified electronically at the e-mail address you registered with Chow Locally, and you may choose to have the price of any affected items from your order refunded, replaced (if possible), or credited. If we replace any item, we will strive to be sure it is of similar quality and value with no additional cost to you.

RISK OF LOSS

All risk of loss and title for items purchased pass to you upon pick-up from us.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY CHOW LOCALLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHOW LOCALLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOW LOCALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Chow Locally IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT, MEMBER CONTENT, CHANNEL CONTENT, DATA, OR ACTIONS OF MEMBERS AND THIRD PARTIES. CHOW LOCALLY DOES NOT WARRANT THAT THIS WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; OR ITS SERVERS OR ANY ELECTRONIC COMMUNICATIONS SENT FROM CHOW LOCALLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOW LOCALLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IN NO EVENT SHALL CHOW LOCALLY OR ITS PARTNERS, THIRD PARTIES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON CHOW LOCALLY'S WEBSITE, EVEN IF CHOW LOCALLY OR A CHOW LOCALLY AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL CHOW LOCALLY, ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, INVESTORS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS ARISING FROM YOUR USE OF THE CHOW LOCALLY WEBSITE, EVEN IF CHOW LOCALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHOW LOCALLY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHOW LOCALLY.

DISPUTES

Any dispute or claim relating in any way to your visit to www.chowlocally.com or to products or services sold or distributed by Chow Locally or through www.chowlocally.com shall be adjudicated in any state or federal court in Maricopa County, Arizona. You consent to exclusive jurisdiction and venue in state or federal courts in Maricopa County, Arizona.

APPLICABLE LAW

By visiting www.chowlocally.com, you agree that that the laws of the state of Arizona, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Chow Locally.

WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

These Terms of Service govern your visit to www.chowlocally.com. We reserve the right to make changes to our website, policies, and these Terms of Service at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.