Terms & Conditions

THESE WEBSITE TERMS AND CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND TERRA MARKET, LLC, WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVERS WHICH ARE SET FORTH BELOW.

Last Updated: May 23, 2023

Introduction

Terra Market, LLC (“Terra Market, LLC”, “us”, “our”, or “we”) provides services and products for purchase (“products”) on our web site (the “site”) as well as other platforms, mobile applications, services, or products owned and operated by Terra Market, LLC (collectively the “services”). These products and services are subject to the terms and conditions (“terms”) outlined in this document. In utilizing our services and/or purchasing any products, you agree to be bound to the terms outlined in this terms and conditions document as well as Terra Market, LLC’s privacy policy. If you do not agree with these terms, you are not permitted to use these services.

The terms outlined in this document may be updated, changed, or modified on occasion, at any time, without prior notice to you as agreed upon in the terms established below. The services we provide may change over time and require additional terms and conditions. Any such changes will take effect as soon as they have been posted. Your use of Terra Market, LLC’s services binds you to these updated terms when you continue to utilize our services. Thus, it is important you periodically review the terms and privacy policy.

Contract Requirements

To engage in a binding contract with us, you acknowledge that you are of legal age and standing to do so. If you are serving as an authorized representative of a subscribing organization, you agree that you serve as the authority to bind your subscribing organization to the terms outlined in this document and that any use of our services, including any purchase of products, will be in full compliance of all applicable laws and regulations.

Accounts

To utilize our services and purchase any products, you will need an account. In creating an account and using our services, you may be required to provide personal information such as a name, email address, phone number, payment information and password. You agree that this information provided is accurate and current. Failure to provide accurate information is a breach of this agreement. Minors under the age of 18 may only access the site if they have appropriate permission and direct supervision by a responsible adult. Children under the age of 13 are not permitted to use the site. You recognize that you are solely responsible for the activity that occurs on your account, including as may be conducted by a minor, as well as for maintaining the confidentiality of your information. This personal information provided by you will be subject to our privacy policy. You agree that should the confidentiality of your information be compromised or should you experience a breach in security, that you will immediately contact us.

Topics of Service

When using our services, you acknowledge that our services may not be operable at all times due to extraneous circumstances including, but not limited to: outages of our, or your own, technological infrastructure such as with networks, servers, or internet connections/services or due to circumstances beyond our control such as with fires, natural disasters or severe weather events, wars or hostilities, civil disorder, labor disputes, strikes, riots, or lockouts.

We reserve the right to refuse to provide services to or cancel an account of any person or entity at any time. Likewise, you can terminate these terms outlined in this policy at any time by stopping the use of our services. If you choose to terminate your agreement with these terms, you agree that you will immediately destroy all materials used, downloaded, or copied when using our services. Any such fees paid prior to your termination are non-refundable.

Use of Services

When using our services, you agree that these terms comply with all applicable laws, regulations, and rules governing you. If at any time these terms conflict with these laws, regulations, or rules for which you must abide, you agree to not use our services or access our site. Any failure to abide by these terms may result in us deleting or cancelling your account. When using our services, you agree that you will not engage in any illegitimate, malicious, or illegal activities including, but not limited to: hacking, password mining, transmitting viruses, using robots or other spam mechanisms to interrupt or disrupt our services, uploading or transmitting content that you have no rights to or that infringes the rights, patents, trademarks, trade secrets or other copyright rights of other parties, uploading, sending, or transmitting content that is unlawful, defamatory, vulgar, obscene, pornographic, hateful or otherwise objectionable based on current social standards, using or selling information from our services to a third party, promoting advertisements of a third party, providing false or misleading information, impersonating another person or entity, or attempting to alter, steal, or destroy any of the services provided by Terra Market, LLC. Terra Market, LLC is not responsible for information posted on our site by users. However, we maintain the right to remove any information, refuse to post, or otherwise prevent the spread of information, in whole or in part, for any reason at any time.

Payments and Fees

Many of the services provided by Terra Market, LLC, including the purchase of products, require payment or fees and may require applicable taxes.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor(s)) to charge your payment method for all charges you incur for the purchase of any products (including any applicable taxes and other charges) (each such purchase, an “order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any order. In the event you want to change or update payment information associated with your Terra Market account, you can do so at any time by logging into your account and editing your payment information.

Pricing

All prices shown via the Terra Market website are in U.S. dollars. Any applicable taxes or charges are additional and subject to the locality. We reserve the right to change the availability of product and the price of those products prior to your placing of an order with Terra Market. We reserve the right to alter our prices and fees or issue new charges at any time.

Product Availability and Substitutions

All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products (including, but not limited to, specific ingredients or entire shipments) without prior notice. We strive to provide you with high-quality products and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us via the Terra Market contact us or customer service points of contact.

Resale Prohibited

You are not permitted to resell or otherwise use the products for commercial purposes, except with our express prior written approval.

Returns

We are shipping perishable products and therefore are not able to accept returns, unless we make an error in the type or quantity of product, meaning you do not receive the actual product you ordered; however, if you are not completely satisfied with your products, please contact us. In the event, you determine that an order was delivered in error, or the quality of the product was insufficient for any reason, you must contact us within three days of the delivery date of the order and we will happily review you your order and any reported issues. If, appropriate, in our sole discretion, after review of your order and the reported issues, we may offer a replacement of the product in question, credit towards your next purchase, or a partial/full refund. Please note, since we are not able to physically access the product to review and assess any issue, we may ask that you provide photos of the product label and damage reported. Although we reserve the right to issue refunds due to issues with quality or delivery of the product, no refunds will be made for those deliveries where the product is left at the recipient’s door or other identified location because you, or the intended end customer is not available to receive the delivery during the delivery window (as detailed in the Delivery section of these terms).  

Shipping and Delivery

We may offer delivery services with product purchases, at an additional cost. Delivery refers to direct delivery from us to you. Delivery is limited to the areas as detailed on the site. You agree to pay any delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.

We may also offer shipping services, at an additional cost. Shipping refers to the use of a third-party courier to transport the purchased products from us to you. Shipping is limited to the areas as detailed on the site. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Once your order is in transit via the shipping courier, delays or damages may occur due to events that are out of our control (such as inclement weather, accidents, etc.). In the event of damage caused by improper handling or late delivery, please contact us immediately so we can review your claim and if appropriate, in our sole discretion, we may issue you a credit or refund.

Delivery Address and Retrieval

In the event of a shipment or delivery, you are responsible for providing us with the correct delivery address and responsible for retrieving the order within the recommended timeframe.  When placing your order for shipment or delivery, please enter your shipping or delivery address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the address incorrectly or need to change it for any reason, please contact us immediately or correct it via your account. Although we will make an effort to accommodate all address changes, we can make no guarantees changes to shipping or delivery addresses will be accommodated prior to shipment and/or delivery.

Your delivery address is critical to your enjoyment of the our products.  Because we offer perishable high-quality products, the condition of that product cannot be guaranteed without an accurate delivery address and instructions.  Unfortunately, perishable food must be disposed of once returned.  As such, we cannot refund due to a bad or incorrect delivery address.  We must have complete information, such as gate access and you are responsible for ensuring you are going to be at the address provided on the date of the delivery, or that you have made the necessary accommodations for the order receipt. In certain areas, you may be able to provide additional delivery instructions when setting up your account, such as requesting that your shipment or delivery be left with a doorman or neighbor.

Any individual at the shipping/delivery address who accepts a shipment/delivery from us is presumed to be authorized to receive such shipment/delivery. In cases in which you have designated an alternative receiver, such person shall accept the shipment/delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We do not accept any responsibility for any products which are not retrieved and properly handled after delivery. Additionally, if your order is unable to be delivered due to refusal of delivery, we must dispose of the contents and you will not be refunded.

In the case of inclement weather or other events beyond our control that interfere with our ability to ship or deliver your order, we will attempt to ship or deliver your order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email us immediately with any concerns (attaching photos for review). In some cases, shipment or delivery may occur prior to the scheduled date. In the event that timely shipment or delivery of your order is not feasible, we will cancel your order for the period so affected and issue you a credit or refund of the purchase price for that order.

Delivery Inspection and Product Handling

You are responsible for inspecting all products you receive from us for any type, quality, or damage upon delivery. Additionally, you are responsible for determining the product you receive is fresh. If you are not at home when your delivery or shipment arrives, we, or the third-party courier will generally leave the package for you at your door. Your order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper retrieval and storage of your products prior to consumption, as we can make no guarantees after the delivery or shipment is completed.

From the time of delivery, the condition and consumption of the products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the products following delivery. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.

Product Damage

If for any reason you believe that a product in your order is not suitable for consumption, please contact us immediately and provide details of the circumstances, attach photos of the item(s), and discard the item(s). We will review your claim and determine its accuracy and manner of proceeding, in its sole discretion. For the avoidance of doubt, notifying us of a claim is time sensitive and photos are required in order to show proof of damage. Filing a claim does not guarantee a refund.

Proprietary Rights

Terra Market, LLC values and respects the intellectual property rights of others and requires that users of our services do the same. Those using our site and services cannot infringe upon or violate the intellectual property rights of another person or entity. In accordance with the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for additional details), we will respond to and address any allegations of copyright infringement occurring as part of our site or services. If you feel your intellectual property rights have been infringed upon, please contact us and provide us with the following information: a) a physical or electronic signature of the person permitted to act on behalf of the copyright owner; b) the specific copyrighted information or a description of the copyrighted information; c) a description of where the alleged copyright infringement has occurred as part of our site or services; d) contact information such as name, address, email address, phone number, or other means by which Terra Market, LLC can contact you; e) a statement articulating you have a good faith belief that the use of materials on our site or service is not authorized by the owner of the copyrighted material, its agent, or the law; and f) a statement by you that the information you present is, under perjury of law, accurate and that you are permitted to act on behalf of the individual alleging the copyright infringement.

Terra Market, LLC reserves rights to all components and aspects of this site including text, logos, images, graphics, videos, and other features of our services, products, and its software.

Third-Party Websites

Terra Market, LLC may use and provide links to third-party websites. Content from our site may be supplied by third parties. These pieces of content and links are provided for your benefit but do not imply an endorsement of these sites or the products or services they offer. If you use these links, you are no longer using our services. You acknowledge that you will use these links at your own risk and that Terra Market, LLC shall not be liable for any issues, including any loss or damages, that occur or emerge from the use of the content, goods, or services of these third-party websites.

Disclaimers

YOU RECOGNIZE AND AGREE THAT ANY AND ALL USE OF Terra Market, LLC’s SERVICES, PRODUCTS, AS WELL AS THE CONTENT AND FUNCTIONALITY OF THIS SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS “WITH ALL FAULTS”. Terra Market, LLC, ITS AFFILIATES, AND THEIR EMPLOYEES, OFFICERS, AND OTHER REPRESENTATIVES (COLLECTIVELY “AFFILIATES”) EXPRESSLY DISCALIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY. THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. Terra Market, LLC AND ITS AFFLIATES DISCLAIM ANY RESPONSIBIITY FOR THE ACCURACY, ADEQUACY, RELIABILITY, LEGALITY, AVAILABILITY, AND COMPLETENESS OF ANY OF THE SERVICES, PRODUCTS, OR INFORMATION PROVIDED BY Terra Market, LLC OR THE CONTENT OF THE SITE. Terra Market, LLC CANNOT AND DOES NOT GUARANTEE THAT THE SERVICES AND/OR PRODUCTS WILL MEET YOUR EXPECTATIONS OR THAT YOU WILL ACHIEVE CERTAIN RESULTS BY USING OUR SERVICES AND/OR PRODUCTS. Terra Market, LLC AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR OR LIABLE FOR ANY EMPLOYMENT, RECRUITING, OR PROMOTION DECISIONS, FOR ANY REASON MADE, BY AN ENTITY OR INDIVIDUAL UTILIZING OUR SERVICES OR PRODUCTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ALL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUES, PERSONAL INJURY, OR DEATH FROM ANY SUCH USE OF OUR SERVICES OR PRODUCTS, WHETHER ON OUR SITE OR OFF. ANY USE OF OUR SITE, SERVICES AND/OR PRODUCTS IS DONE AT YOUR OWN DISCRETION AT YOUR OWN RISK. AS SUCH, WE CANNOT PROMISE THAT OUR SERVICES OR PRODUCTS MADE AVAILABLE WILL BE FREE OF ERRORS, DEFECTS, INTERRUPTIONS, VIRUSES OR OTHER HARMFUL PROBLEMS. NO INFORMATION, ADVICE, OR RECOMMENDATIONS FROM Terra Market, LLC, ITS AFFILIATES, ITS SITE AND THROUGH ITS SEVICES OR PRODUCTS, WHETHER IN WRITTEN OR ORAL FORMAT, SHALL CREATE OR CONSTITUTE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION OR ACTIONS CONDUCTED BY USERS ON OUR SITE OR THOSE USING OUR SERVICES OR PRODUCTS. FURTHER, Terra Market, LLC IS NOT LIABLE FOR ANY ISSUES OR TECHNICAL MALFUNCTIONS SUCH AS WITH A NETWORK, SERVER, SOFTWARE, OR OTHER TECHNOLOGICAL COMPONENTS OF OUR SERVICES.

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SOME OF THE DISCLAIMERS AND LIMITATIONS NOTED ABOVE MAY NOT APPLY TO YOU. IN THESE SITUATIONS, THE LIABILITY AND EXCLUSIONS ARE LIMITED TO THE EXTENT PERMITED BY APPLICABLE LAW IN YOUR STATE OR JURISDICTION.

Limitation of Liability

YOU ACKNOLWEDGE AND AGREE THAT Terra Market, LLC AND ITS AFFILIATES INVOLVED WITH DEVELOPING, OPERATING, AND DELIVERING OUR SERVICES OR PRODUCTS ARE NOT LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, PROFITS, USE OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) TO YOU OR ANY THIRD PERSON INVOLVED WITH UTILIZING OUR PRODUCTS, SERVICES OR MATERIALS AVAILABLE ON OUR SITE. THIS POLICY APPLIES WHETHER BASED ON CONTRACT, STRICT LIABILITY, WARRANTY, TORT, OR OTHERWISE, RESULTING FROM YOUR USE OF OR CONNECTION TO THE USE OF OUR PRODUCTS, SERVICES OR SITE AS WELL AS YOUR INABILITY TO USE OUR PRODUCTS, SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED, KNEW OF, OR SHOULD HAVE KNOWN ABOUT THE POTENTIAL OF SUCH LOSS OR DAMAGES. LIMITATIONS OF LIABILITY SHALL APPLY WHETHER DAMAGES OCCUR BECAUSE OF THE PRODUCTS, SERVICES OR FROM THE TERMINATION, INTERRUPTION, OR SUSPENSION OF SERVICES (WHICH INCLUDES ANY SUCH DAMAGES EXPERIENCED BY THIRD PARTY GROUPS) AND NOTWITHSTNADING ANY ISSUES WITH ANY FAILURE OF ESSENTIAL PURPOSE OF ANY INCOMPLETE, PARTIAL, OR IMPERFECT REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THE RISKS INVOLVED WITH THE USE OF OUR SITE, PRODUCTS AND SERVICES RESTS WITH YOU AND THAT Terra Market, LLC AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ILLEGAL, DEFAMATORY, OR OFFENSIVE CONDUCT COMMITTED BY OUR USERS OR OTHER THIRD PARTIES USING, UPLOADING, DOWNLOADING, OR OTHERWISE UTILIZING OUR SITE AND SERVICES. YOU RECOGNIZE THAT IF YOU ARE EVER DISSATISFIED WITH OUR PRODUCTS, SERVICES, OR SITE, YOUR BEST COURSE OF ACTION IS TO DISCONTINUE YOUR USE OF OUR PRODUCTS, SERVICES, AND SITE.

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE LIMITATIONS NOTED ABOVE MAY NOT APPLY TO YOU. IN THESE SITUATIONS, UNDER NO CIRCUMSTANCES SHALL Terra Market, LLC BE LIABLE FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN YOUR STATE OR JURISDICTION.

Dispute Resolution

In the case of a dispute involving our services, site, or the terms outlined in this document, you agree to first take reasonable efforts to engage and negotiate with Terra Market, LLC in a cooperative manner in order to achieve a mutually suitable and appropriate resolution.

YOU AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

YOU FURTHER AGREE TO WAIVE ALL RIGHTS YOU MAY HAVE TO A TRIAL BY JURY OR TO LITIGATE OUR DISPUTES IN COURTS OTHER THAN SMALL CLAIMS COURT.

YOU ALSO AGREE TO WAIVE ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTIONS/CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHERWISE TO ASSERT OR PROCEED WITH ANY CLAIM AGAINST EACH OTHER ON A COLLECTIVE OR CONSOLIDATED BASIS. IN THIS REGARD, NO ARBITRATION BETWEEN US WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY.

Waiver of Class Action Rights

By accepting and entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms, the privacy policy, or product must be asserted individually.

Limitation of Actions.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this site, or our products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.

Governing Law

You recognize that the terms outlined in this document are governed by the laws of the State of Arizona without reference to the principle of conflicts of laws thereof. Any disputes or litigation emerging from the terms outlined in document will be addressed in the courts within Maricopa County, Arizona.

Miscellaneous

If any part of these terms is deemed invalid or unenforceable, you acknowledge that the remaining components will remain valid and enforceable. The failure to enforce any of the terms outlined in this document does not constitute a waiver of such terms or of any other components of this document.

Contact

If you have any questions regarding these terms as well as the products and services provided by Terra Market, LLC, please contact us.

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