PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE HARVESTROLLEY OFFERINGS IN ANY MANNER OR FORM.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
HarvesTrolley reserves the right to withdraw or amend the HarvesTrolley Offerings, and any service or material we provide on the Site, the App or Social Media Pages, in its sole discretion without notice. HarvesTrolley will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, HarvesTrolley may restrict access to some parts of the HarvesTrolley Service, or the entire HarvesTrolley Service, to users, including registered users.
Applicable sales tax may be charged on your order based on local and state laws.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.
Food Substitution Policy
Although HarvesTrolley takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. HarvesTrolley is not responsible for the unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, HarvesTrolley reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of HarvesTrolley’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: HarvesTrolley’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
We use third-party carriers (e.g. OnTrac) to deliver your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need.
You shall be responsible, at all times, for ensuring that you have an applicable mobile device and/or other equipment and service necessary to access the App. HarvesTrolley does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device. HarvesTrolley does not guarantee that the App can be accessed: (a) on all mobile devices; (b) through all wireless service plans; and/or (c) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and HarvesTrolley has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Export/Usage Restrictions. You agree that the App may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and regulations. The HarvesTrolley Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the HarvesTrolley Offerings. You agree not to use the HarvesTrolley Offerings: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.
The Site and App contain Content which includes, but is not limited to, information pertaining to the HarvesTrolley Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site and in the App.
Subject to the restrictions set forth herein, the Interactive Services will allow users to participate in comment sections and other interactive areas of the Site and/or App. Each user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each user shall be solely responsible for her/his comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that HarvesTrolley shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. HarvesTrolley does not monitor the Feedback submitted by users, and operates the comment sections of the Site and App as a neutral host. The Interactive Services contain Feedback that is provided directly by users. You agree that HarvesTrolley shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. HarvesTrolley does not represent or warrant that he Feedback posted through the Interactive Services is accurate, complete or appropriate. HarvesTrolley reserves the right to remove any Feedback from the Site and/or App at any time and for any reason, in HarvesTrolley’s sole discretion.
You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the HarvesTrolley Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other users; (g) transmit any chain letters, spam or junk e-mail to other users; (h) express or imply that any statements that you make are endorsed by HarvesTrolley, without HarvesTrolley’s specific prior written consent; (i) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App, Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the App and/or Site; (m) interfere with or disrupt the App, Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the App and/or Site without HarvesTrolley’s prior written authorization; (q) use metatags or code or other devices containing any reference to any HarvesTrolley Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the HarvesTrolley Offerings or any software used in or in connection with HarvesTrolley Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the App and/or Site without notice, in the sole discretion of HarvesTrolley. HarvesTrolley reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
You are solely responsible for anything you may post on the Interactive Services. HarvesTrolley will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Interactive Services.
HarvesTrolley is not responsible for, and does not endorse, content in any posting made by other users on the Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Interactive Services. Under no circumstances will HarvesTrolley be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Interactive Services. If you become aware of any misuse of the Sites by any person, please contact HarvesTrolley at firstname.lastname@example.org.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. HarvesTrolley has the right to remove any user contributions from the Interactive Services for any or no reason. HarvesTrolley reserves the right to take necessary legal action against users.
HarvesTrolley may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. HarvesTrolley has the right to cooperate with any law enforcement authorities or court order requesting or directing HarvesTrolley to disclose the identity or other information of anyone posting any materials on or through the Interactive Services.
YOU WAIVE AND HOLD HARVESTROLLEY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HARVESTROLLEY, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY HARVESTROLLEY, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
HarvesTrolley does not undertake to review any materials before you have posted them on the Interactive Services and cannot ensure prompt removal of objectionable material after it has been posted. HarvesTrolley assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. HarvesTrolley shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
HarvesTrolley has the right to terminate your account and your access to the Interactive Services for any reason, including, without limitation, if HarvesTrolley, in its sole discretion, considers your use to be unacceptable. HarvesTrolley may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Interactive Services.
HarvesTrolley Intellectual Property
The Site, App, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “HarvesTrolley Materials”), are the sole and exclusive property of, or duly licensed to, HarvesTrolley. The HarvesTrolley Materials are copyrighted as a collective work under the laws of the United States and other copyright laws. HarvesTrolley holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site and/or App solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site and/or the App.
The HarvesTrolley Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HarvesTrolley or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement permit you access to the Site and/or the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site and/or the App.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site and/or the App. You must not access or use for any commercial purposes any part of the Site and/or the App or any services or materials available through the Site and/or the App.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site and/or the App in breach of this Agreement, your right to use the Site and/or the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site and/or the App or any content on the Site and/or the App is transferred to you, and all rights not expressly granted are reserved by HarvesTrolley. Any use of the Site and/or the App not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
The HarvesTrolley name, logo and all related names, logos, product and service names, designs and slogans are trademarks of HarvesTrolley Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of HarvesTrolley. All other names, logos, product and service names, designs and slogans on the Site and/or the App are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site and/or the APP infringe your copyright, you may request removal of those materials (or access thereto) from the Site and/or the App by contacting HarvesTrolley (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to HarvesTrolley, 25600 Westheimer Parkway, Katy, Houston, TX 77494. In an effort to protect the rights of copyright owners, HarvesTrolley maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to the Site
HarvesTrolley may update the content on the Site/and or the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and HarvesTrolley is under no obligation to update such material.
Information About You and Your Visits to the Site and/or the APP