Farmer Mike’s Upick does not guarantee an exact delivery time and only a delivery window comprised of the day of the order. We cannot provide you with a specific delivery time and cannot be held liable based on time of delivery. Further, as a no contact delivery, we cannot be held liable for loss of materials delivered if you are not available to receive them when delivered. We will make all reasonable efforts to advise you of the delivery arrival.
Refund and Credit
In the event that you are dissatisfied with services received by you through your use of the Site, you may be eligible for a credit or a refund. The circumstances under which credits or refunds may be provided and the decision to provide a refund is solely within the discretion of Farmer Mike’s Upick. Nothing herein establishes any obligation on the part of Farmer Mike’s Upick to offer a credit or refund to you. Any acceptance by you of a credit or refund offered by Farmer Mike’s Upick constitutes a full release, waiver and discharge of any claim you may have against Farmer Mike’s Upick, or their directors, officers, employees, or agents, that arises from or relates to the incident giving rise to your request for a credit or refund.
Farmer Mike’s Upick warrantees that produce ordered shall be handled with all recommendations by federal, state and local authorities and all applicable oversite departments for Food Safe handling. Farmer Mike’s Upick shall not be held liable for degradation of product left un-accepted at time of delivery or left unattended nor for any third party removing deliveries left unattended. Farmer Mike’s Upick takes all recommended precautions regarding food borne illnesses, including but limited to the Covid-19 coronavirus and shall not be held liable for incidental or accidental exposure caused by third parties, environmental factors, or factors beyond Farmer Mike’s Upick direct control.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
If products ordered are not available, Farmer Mike’s UPick reserves the right to substitute equal valued and equivalent usage produce to fulfill the order.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FARMER MIKE’S UPICK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FARMER MIKE’S UPICK DOES NOT REPRESENT OR WARRANT THAT THE SITE AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARMER MIKE’S UPICK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
FARMER MIKE’S UPICK SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF FARMER MIKE’S UPICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FARMER MIKE’S UPICK’S WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR FARMER MIKE’S UPICK’S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR. IN NO EVENT SHALL FARMER MIKE’S UPICK’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
No Equitable Relief
Notwithstanding any other provision to the contrary contained in these Terms, you hereby acknowledge and agree that (a) monetary damages at law are a fully adequate remedy to compensate you for any breach or threatened breach of these Terms, and (b) an action at law for monetary damages is your sole and exclusive remedy for any such breach. No breach of these Terms by Farmer Mike’s UPick will entitle you to equitable relief, including specific performance, injunctive relief, rescission or any other form of equitable remedy.
You agree to indemnify, defend and hold harmless Farmer Mike’s UPick, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of any rights of any third party, including Delivery Drivers or any party providing services arranged via the Site, or (iii) the use or misuse of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.