Last changed February 2016
Website & "Third-Party" Websites
- The Website may contain links to "third-party" websites that are not owned or operated by DTD. DTD does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any "third-party" websites. You hereby release DTD from any and all liability arising from your use of any third-party websites.
- When you exit the Website, be sure to carefully review the terms and conditions and related policies of each "third-party" website that you visit.
DTD Accounts & User Registration
- In order to create an account, upload video/audio content and/or photographs, or contribute comments to the Website, you must be at least 14 years of age. You may not use another user's account without prior permission from the registered user. When creating your DTD account, you agree to (i) provide true, accurate, correct, and complete information, and (ii) maintain and update such information as your circumstances require. With the exception of DTD exercising its rights provided and reserved herein (including discretionary administrative and editorial rights), you are solely responsible for the activity that occurs on your account. You must keep your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your DTD account or password.
- DTD is not liable for any losses caused by any unauthorized use of your DTD account. You may, however, be liable for the losses of DTD and others as a result of such unauthorized use.
Use of the Website
You may access and use the Website only if you agree to the following:
- You will not modify the Website, including but not limited to DTD's web tools or any related technologies.
- You will not access User Content or Site Content (defined below) through any technology or means other than with the pages of the Website itself or other means DTD may make available.
- You will not use the Website, Site Content, User Content, or any other content, for any commercial use without DTD's prior written consent. Prohibited commercial uses include without limitation:
- sale of access to the Website and related services;
- use of the Website and related services for the purpose of obtaining advertising or subscription revenue (including the sale of advertising on the Website); and
- any use of the Website and related services that DTD determines, in its sole discretion, to compete with or displace the market for DTD or the Website.
- If you use web tools made available by DTD, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of DTD web tools may be required from time to time. You agree to receive, download, and install such updates (and permit DTD to deliver these to you).
- You may not use or launch automated scripts (including "robots," "spiders," "WebCrawler's" or "offline readers") that access the Website in a manner that delivers more messages than a human can produce using an on-line web browser. Subject to DTD's right to revoke the following at any time and for any reason or no reason, operators of search engines may use spiders to copy materials from the Website for the purpose of and to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, etc.) for any commercial purposes.
- DTD may, in its sole discretion, cancel or amend any aspect of the Website at any time.
- The content available at the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (including DTD web tools), trademarks, service marks, and logos contained therein, but excluding User Content (collectively "Site Content"), is owned by DTD (or licensed by DTD to operate the Website) and shall not be altered, modified, compromised, or reverse engineered in any way. Site Content is provided to you "as is" and use of Site Content is restricted solely to personal use and may not be used for any other purpose without DTD's prior written consent. Subject to the permitted uses provided herein with respect to Site Content and User Content, DTD reserves all right, title, and interest in and to the Site Content.
- Your access to (including use and sharing of) User Content is limited to personal noncommercial use. User Content may not be copied, shared, or downloaded unless a "download" or similar link displayed on the Website for that User Content is available.
- You will not disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Website or the Site Content therein.
- You agree that DTD is not responsible for User Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DTD with respect thereto, and agree to indemnify defend and hold DTD, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of and visit(s) to the Website.
Your User Content and Conduct
- As a DTD account holder you may be able to submit content to the Website or to DTD, including textual content, still photographs, audio and video content ("User Content").
- You affirm that you are the sole owner of and have all right, title, and interest in your User Content, and that no third party claims will result from such User Content.
- DTD does not endorse any User Content and DTD disclaims all liability in connection with your User Content. DTD does not allow the infringement of intellectual property rights on the Website and DTD will promptly remove all or disable access to User Content if properly notified that such User Content infringes or allegedly infringes on another's intellectual property rights. For the avoidance of any doubt, DTD reserves the right to remove User Content without prior notice at anytime and for any reason or no reason.
Account Termination Policy
- In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, DTD will terminate your access to the Website, including closing your DTD account, if DTD determines, in its sole discretion that you are an infringer of another party's intellectual property rights.
Digital Millennium Copyright Act
- If you are a copyright owner and believe that any User Content or other content found on the Website infringes upon your copyright(s), you (or your agent) may send DTD notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that DTD remove the material or restrict access to it.
- If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to DTD. If you wish to send a notice or counter-notice to DTD, please visit http://copyright.gov/ for details.
- All notices, counter-notices, and complaints should be sent to the DTD at the following address:
Door to Door Organics, Inc.
282 Century Place, St. 500
Louisville, CO 80027
USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, DTD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING THE PRODUCTS AND SERVICES SOLD ON THE WEBSITE. DTD DOES NOT WARRANT OR REPRESENT THAT THE SITE CONTENT OR THE CONTENT LIMITED TO THE WEBSITE IS ACCURATE OR COMPLETE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DTD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH ANY HYPERLINKED WEBSITE AND DTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.
Limitation of Liability
IN NO EVENT SHALL DTD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, AND ATTORNEYS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES SOLD ON THE WEBSITE, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES SOLD ON THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY "THIRD-PARTY", AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DTD SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO DTD DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
The Website is controlled and offered by DTD from its facilities in the United States of America. DTD makes no representations that the Website is appropriate or available for use in other locations and you are responsible for compliance with local law.
Dispute Resolution. If you believe that DTD has not adhered to these Terms, please contact DTD by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and DTD are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and DTD agree that any arbitration will be limited to the dispute between DTD and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DTD ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and DTD otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
- Contents of your Box. The contents of your box will change week to week depending on the time of year, and what we're told is looking good by our farmers and distributors. We always try to get a nice selection out to the customer. We will generally strive to post the menu each week by 12pm on Friday. You will receive an email on Friday alerting you that your box is ready to be viewed and that you are allowed to make substitutions. If you are not receiving the emails, please call or email us and we will do our best to remedy the situation. From time to time an item that is listed on our menu may not come in your box. This is due to the basic nature of organic produce and if an item comes in that we are not satisfied with we will turn it away and replace it with another item. If you are unhappy with the item that we have chosen to replace please let us know within 24 hours and we'll either give you extra produce in your next box or credit your account for the item.
- Billing. To start receiving our service you will need to give us a valid credit card number. We accept Visa, Mastercard, American Express or Discover. It is the customer's responsibility to notify us of a change in cards or an expired card. We do not accept checks. Once you sign up for our service you will get a box delivered to your desired location with the frequency that you have requested until we hear otherwise from you by cancelling or modifying your account as instructed through the website, or by calling us at 877-711-3636. We will bill the fees due under your subscription to the credit card you provide to us during registration (or to a different credit card if you change your payment information) and continue to do so with the frequency you have requested as set forth herein. You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. Any changes to your account must be done via our website or by calling and speaking with a live person. If you need any help with our online system please give us a call at 877-711-3636. Any changes to your order must be done before your order is locked for the week or as otherwise set forth on the Website. We're unable to make any changes to your order after the deadline. If you attempt to make a change after your deadline and the website accepts it, there's a possibility that those changes won't be made. We are not responsible for this and you shall be responsible for any orders not cancelled as set forth herein. We will not make a delivery if you have an unpaid bill with us; payment information will need to be updated not less than 24 hours prior to your next order being locked.
- We reserve the right to bill your credit card the day before your delivery arrives for all purchases exceeding $100. If you ever have a billing discrepancy please give us a call and we will be sure to do our best to straighten it right out. We will generally do the billing the day after your delivery, and for Thursday and Friday deliveries, we will generally bill the following Monday. All failed credit cards will incur a $0.50 charge, this includes expired, lost or stolen cards. If a charge fails, your credit card will be charged every two days for two weeks. Each time the card doesn't go through you will be charged an additional $0.50. All orders left unpaid after 15 calendar days will be subject to a 2.5% late fee and a 2.5% late fee on every first of the month that the order is unpaid.
- Minimum Order. Minimum orders may apply as set forth by the Website. We may not deliver any of our additional items if you have not ordered the bitty box or a produce box of greater value.
- Deliveries. We do our best to get your delivery to you before 6pm on your scheduled date of delivery. This time may be earlier or later during inclement weather or other unforeseeable delays and we reserve the right to change the delivery date or time without notice in such cases. If you do not receive your order on your scheduled delivery day or you receive produce that does not meet your expectations (or it's missing), please contact us within 3 days. If you do not contact us within 3 days of your scheduled delivery, we may not be able to provide a refund/replacement to you. We reserve the right to change your delivery day at any time, although we will try to provide you as much notice as practicable before a change. Notice will be given via our website and, in our sole discretion, an email. There is no need for you to be home at time of delivery. Just give us a place to leave your box. Please leave your previous week's box out on your delivery day so we can reuse or recycle the box the following week. Drivers are not responsible for relaying messages back to the office. The drivers are instructed to take any box back to our warehouse that the customer refuses, although we reserve the right to charge you for that box consistent with these terms. Drivers are asked not to pick up checks. We will not make a delivery if you have an unpaid bill with us.
- Delivery Areas. You should enter your address in our Website to see if we deliver to your location. We offer direct delivery to Kansas City, Topeka, Omaha and Des Moines. Others areas may incur an additional fees. Deliveries made to offices and apartment buildings may need to be left with a secretary or apartment manager and it is your responsibility to collect. We'll do everything in our power to get your produce to your door by 6 p.m., but please know we cannot guarantee this time. And whatever you do, please don't sign up with a P.O. Box. We can't deliver to a P.O. Box, and you'll make us frown!
- Contact Us. We do our best in getting back to you in a timely manner. All emails and phone messages will typically be returned by the end of the next business day. Call us at 877-711-3636 or email us at email@example.com with any questions.
If you like using our services, please consider referring us to your friends. We can give you a one-time only code though our Invite Program to send to your friends that will allow them to save $15 on their first order with Door to Door Organics (the "Invite Code"). You may not post the Invite Code online or on any website or social media, including without limitation any daily deal or coupon sites. You may not use the Invite Code for yourself or any other member of your household. You may only send or disclose Invite Codes to a real person who you know. When that person becomes a new valid member and signs up for our service and places their first order using a valid Invite Code given to them by us, you will receive a $15 account credit that you can use for future purchases from Door to Door Organics (the "Invite Reward"). The Invite Reward has no value unless used for a purchase of products from our website and it cannot be used towards gift certificates. The Invite Reward must be used for the purchase of a products being sold on the website that are cumulatively greater than twenty US dollars ($20.00). Invite Rewards and Codes may only be used once. Only one Invite Code is allowed per new member. We have no liability for any failure of your internet service provider, email provider, or device (including computer or mobile device) to deliver any Invite Rewards or Invite Codes. Only adults 18 or older may earn Invite Rewards and Invite Codes. In connection with these promotions, which may change from time to time, any person that receives Invite Rewards or Invite Codes, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Invite Rewards or Invite Codes, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. We reserve the right to void Invite Rewards or Invite Codes earned if we suspect that they were earned in a fraudulent manner, in a manner that violates this Agreement, or in a manner otherwise not intended by DTD. You must not conduct your own promotion in connection with our Invite Reward or Invite Code program. You may not engage in any promotional, marketing, or other advertising activities on behalf of DTD, including by using any of our trademarks. The Invite Reward and Invite Code programs are void where prohibited by law. Invite Rewards and Invite Codes have no cash value and are promotional in nature. Invite Rewards and Invite Codes are not transferable to other accounts and as such, Invite Rewards and Invite Codes do not constitute property and you do not have a vested property right or interest in the Invite Rewards or Invite Codes. Invite Rewards and Invite Codes expire six months after the date of issuance. We reserve the right at any time with our discretion, and without prior notice, to discontinue the Invite Rewards or Invite Code programs or to add or change the Invite Rewards or Invite Codes program rules, terms or conditions, including changing expiration periods or Invite Rewards or Invite Code values for existing or future Invite Rewards or Invite Codes. Should there be any tax liability for the accumulation and/or use of Invite Rewards or Invite Codes, such taxes are solely your responsibility. If you are found to have abused these referral terms, any Invite Rewards and Invite Codes may be removed from your account and you will be billed for any ill-obtained credits that have been used to purchase goods from DTD.
DTD may also offer an affiliate marketing program, with terms in addition to those set forth herein.