Terms and Conditions

Harvest Delivery Inc. & DBA Cape Cod Fish Share: Terms of Service

Welcome to Harvest Delivery’s and Cape Cod Fish Share’s terms of service.  These terms of service (these “Terms”) are entered into between yourself and Harvest Delivery Inc., a Massachusetts corporation (“Harvest Delivery”), whether through a Harvest Delivery website such as www.harvest-delivery.com or other website CapeCodFishShare.com (each, a “Site”).  Please read these Terms carefully.  BY CLICKING THE “I ACCEPT”, “YES” OR SIMILAR BUTTON, YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CLICK THE “I DO NOT ACCEPT”, “NO” OR SIMILAR BUTTON AND YOU MAY NOT USE THE SERVICES OR SOFTWARE OF Harvest Delivery.

GOODS AND SERVICES:  Subject to the terms and conditions of this Agreement, Harvest Delivery will allow you to shop for and purchase produce, seafood and other goods (collectively, “Goods”) and will arrange for the delivery of such Goods to your home and other services that Harvest Delivery may choose to offer from time to time (collectively, the “Services”) for use by you.  You may be presented with additional terms and conditions in order to use certain of the Services offered by Harvest Delivery & the Cape Cod Fish Share from time to time, and these Terms, together with those additional terms and conditions, will govern your purchase of Goods and use of particular Services.  For example, in order to use the Services, you may need to install software on your computer.  In this situation, you may be presented with a software license agreement to which you must assent in order to use such software and the Services with which such software is used.

YOUR ACCOUNT:  If you use this site, 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. Harvest Delivery does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Harvest Delivery only with involvement of a parent or guardian. Harvest Delivery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

AVAILABILITY, SEASONALITY AND DELIVERY TIMES:  All Goods offered by Harvest Delivery & the Cape Cod Fish Share are subject to availability and seasonality.  The delivery times for the Services varies depending on the Services that you use.  So please check Harvest Delivery’s & Cape Cod Fish Share’s  website for availability of particular Goods and the delivery times then in effect for the applicable the Services.

ALLERGY: You (the customer) are required to inform Harvest Delivery Inc. / The Cape Cod Fish Share of any food allergy you as the purchaser of the goods may have.  You agree you will not hold The Cape Cod Fish Share or Harvest Delivery Inc liable for food borne illness or allergic reactions.  You (the customer) acknowledge that you have informed Harvest Delivery / The Cape Cod Fish Share of any allergies you may have.  You (the customer) also agree Harvest Delivery and the Cape Cod Fish Share will not  BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EVEN IF HARVEST DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HARVEST DELIVERY’S ENTIRE LIABILITY FOR DAMAGES HEREUNDER EXCEED THE FEES ACTUALLY PAID BY YOU TO Cape Cod Fish Share and HARVEST DELIVERY FOR THE USE OF THE SERVICES DURING THE MONTH IN WHICH THE SERVICES GIVING RISE TO THE CLAIM IS PERFORMED OR SHOULD HAVE BEEN PERFORMED.

PRICES AND FEES; PAYMENT: The prices for Goods and fees for the Services vary depending on the Goods you purchase and the Services that you use.  Please check  Cape Cod Fish Share’s  and Harvest Delivery’s website for the prices and rates then in effect for particular Goods and Services.  You shall pay for such costs and fees which you incur through your purchase of Goods and use of the Services.  Generally, the fees and costs for the Goods and Services will be billed to a credit card or other electronic means of payment.  You represent that you are authorized to use the method of payment that specify in your account with Cape Cod Fish Share and Harvest Delivery.  In the event that Cape Cod Fish Share and Harvest Delivery agrees to bill for your purchase of Goods and your use of the Services (as opposed to automatic collection through a credit card or the like) or if the credit card company or bank refuses payment or reclaims payments previously made, you agree to pay all invoices from Cape Cod Fish Share and Harvest Delivery for the Services no later than ten (10) days after receipt thereof.  The  automatic subscription renewal notice will be sent before fees are charged by electronic mail. A seven day response period to opt out of the service for the following period will be observed.   A deposit of may be charged to reserve subscription for the following period Cape Cod Fish Share and Harvest Delivery Period will be bill to your credit card or other electronic method of payment that is specified in your account with Cape Cod Fish Share and Harvest Delivery.  This deposit is refundable at any time seven days before delivery of the next c services begin.  The subscription renewal deposit will be refunded at the termination of the subscription agreement.

ELECTRONIC COMMUNICATIONS:  When you visit Cape Cod Fish Share and Harvest Delivery 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 site. 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.

PROHIBITED ACTIVITIES: You shall not and shall not permit any third party to: (a) use, copy, modify, or distribute the Services; (b) decode, reverse engineer, reverse assemble, reverse compile, or otherwise translate the Services or any of the systems or technology that comprise the Services or on which the Services rely; or.  You agree not to resell any of the Goods purchased by you through Cape Cod Fish Share and Harvest Delivery.  In addition, you shall not intentionally interrupt or interfere with the Services, any Site or any system on which the Services, the Sites and systems rely.

SUPPORT: Cape Cod Fish Share and Harvest Delivery will provide customer support (collectively, “Support”), as it determines, in its sole discretion, from time to time.  Please check Cape Cod Fish Share and Harvest Delivery’s website for Harvest Delivery’s current Support policies.

PROPRIETARY RIGHTS: You acknowledge that the Services, the Sites and the Cape Cod Fish Share and Harvest Delivery are proprietary to Harvest Delivery and are protected under various laws regarding intellectual property and proprietary rights. You further acknowledge and agree that the entire right, title and interest in and to the Services, the Harvest Delivery Boxes and any and all modifications and enhancements thereto, including associated intellectual property rights, shall remain the sole property of  Cape Cod Fish Share and Harvest Delivery and its licensors. In the event that you make any suggestions to Cape Cod Fish Share and Harvest Delivery regarding new features, functionality, or performance that Cape Cod Fish Share and Harvest Delivery adopts for the Services or related software, such new features and functionality, shall become the sole and exclusive property of Harvest Delivery without any obligation of compensation to you or anyone claiming through you. Cape Cod Fish Share and Harvest Delivery retains all rights not expressly granted. These Terms do not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect to the Services other than to use the Services for you which you pay Cape Cod Fish Share and Harvest Delivery in its then-current rates. You may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of Cape Cod Fish Share and Harvest Delivery or any of its suppliers or take any other action which impairs or reduces the trademark rights of Cape Cod Fish Share and Harvest Delivery or its suppliers.

REMEDIES AND TERMINATION: In the event Cape Cod Fish Share and Harvest Delivery reasonably believes that you have violated these Terms, Cape Cod Fish Share and Harvest Delivery reserves the right to immediately suspend or terminate, either temporarily or permanently, your access to the Services, to block any prohibited activity, or to take any other actions as deemed appropriate by Cape Cod Fish Share and Harvest Delivery, in its sole and absolute discretion. Notwithstanding the above, either you or Cape Cod Fish Share and Harvest Delivery may terminate the Services at any time for any reason by notifying the other party in writing. These Terms shall survive any termination of the Services for any reason.

PRIVACY POLICY: Cape Cod Fish Share and Harvest Delivery’s current privacy policy can be found here. Cape Cod Fish Share and Harvest Delivery may amend the terms of the Privacy Policy in accordance with the terms contained therein.

DISCLAIMER OF WARRANTY: UNLESS OTHERWISE SPECIFIED IN WRITING, Cape Cod Fish Share and HARVEST DELIVERY PROVIDES THE GOODS AND SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Cape Cod Fish Share and HARVEST DELIVERY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the generality of the foregoing, Harvest Delivery does not make any warranty against data loss, including files stored in the Services or in conjunction with any software received from Harvest Delivery.

LIMITATION OF LIABILITY: IN NO EVENT SHALL Cape Cod Fish Share and HARVEST DELIVERY OR ITS LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EVEN IF HARVEST DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HARVEST DELIVERY’S ENTIRE LIABILITY FOR DAMAGES HEREUNDER EXCEED THE FEES ACTUALLY PAID BY YOU TO Cape Cod Fish Share and HARVEST DELIVERY FOR THE USE OF THE SERVICES DURING THE MONTH IN WHICH THE SERVICES GIVING RISE TO THE CLAIM IS PERFORMED OR SHOULD HAVE BEEN PERFORMED.

MODIFICATIONS: Cape Cod Fish Share and Harvest Delivery may amend these Terms at any time by (a) providing you with an updated set of Terms prior to you continuing to use the Services and/or (b) sending information regarding the amendment of the Terms to your email then on file with Cape Cod Fish Share and Harvest Delivery, which email shall include a copy of the amended Terms. YOU ACCEPT ALL SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN PRESENTED TO YOU AS SET FORTH ABOVE.

HARVEST DELIVERY’S PROPERTY:

GENERAL:

Governing Law: These Terms and your use of the Services shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. applicable to contracts entered into by residents of Massachusetts and wholly performed in Massachusetts.  The state and federal courts with jurisdiction over Cape Cod Fish Share / Harvest Delivery’s then-current headquarters shall exclusive jurisdiction over any case, controversy or dispute arising under or in respect of these Terms or the Services.  The parties hereby consent to the exercise of personal jurisdiction of such courts and waive any claim that such courts are inconvenient forums.

Assignment: Harvest Delivery / Cape Cod Fish Share may assign these Terms to any of its affiliates or any successor of the business to which these Terms relate, whether by merger, sale of assets or otherwise.  You may not and shall not assign these Terms without the written consent of Harvest Delivery.

Severability: Any provision of these Terms that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Notice: Any notice given under these Terms shall be, for notice given to Harvest Delivery, submitted to Harvest Delivery using the method and address that Harvest Delivery may specify from time to time, and for notices given to you, sent to the email address on file with Harvest Delivery at the time of giving such notice.

Waiver: The waiver or failure of either party to claim a breach of any provision shall not be a waiver of a breach of any other provision or a subsequent breach of the same provision.

Delay: Neither party shall be held responsible for any delay or failure in performance (other than payment of money) to the extent that such delay or failure is caused by fires, strikes, embargoes, explosions, earthquakes, floods, wars, water, the elements, labor disputes, government requirements, civil or military authorities, acts of God or by the public enemy, suspension or failure of necessary transportation systems, or other causes beyond its reasonable control.

Links to Other Sites:  The Sites may contain links and pointers to other websites maintained by third parties. Such links do not constitute an endorsement by Harvest Delivery, Cape Cod Fish Share or any of its affiliates of such websites or any of the contents of such websites. Harvest Delivery does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party websites.

Entire Agreement: These Terms set forth the entire agreement of the parties with respect to the Services and supersedes all prior agreements, representations, negotiations, proposals and understandings, whether written or oral, concerning such subject matter.