Terms & Conditions

Navore Team

Last Modified: May 28, 2024

These Terms & Conditions are entered into by and between the applicable person or entity accessing the Website or using the Services (directly, through the Mobile Web App (as defined below), or otherwise) (“you” or “your” and, to the extent applicable based on the definitions below, “User,” “Producer,” and/or “Purchaser”) and Navore LLC (“Navore,” “Company,” “we,” “our,” or “us”). The following Terms & Conditions, together with any documents expressly incorporated herein by reference (collectively, “Terms of Use”) govern your access to and use of navoremarket.com (the “Website”), including any content, functionality, and the Service (as defined below) offered on or throughout navoremarket.com, whether as a guest or a registered user. Capitalized terms used and not defined elsewhere in these Terms of Use will have the meaning set forth in Section 1.1 below.

Please read the Terms of Use carefully before you use the Website or the Service. By using the Website or the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at https://navoremarket.com/privacy (“Privacy Policy”), which such Privacy Policy is incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, OR ARE UNABLE TO MAKE ANY OF THE REPRESENTATIONS, WARRANTIES, OR COVENANTS SET FORTH IN SECTION 1.28, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICE. THE RIGHT TO ACCESS AND USE THE WEBSITE AND SERVICE IS AGE RESTRICTED, IF YOU ARE UNDER 18 YEARS OF AGE YOU MAY NOT USE THE WEBSITE OR THE SERVICE, PLEASE REFER TO SECTION 1.27 FOR ADDITIONAL INFORMATION.

We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to the Terms of Use, we will provide you with notice of such changes by updating the “Last Modified” date at the beginning of the Terms of Use. Continuing to access or use the Website or the Service following any such update shall constitute your acceptance of and agreement to the revised Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Website and the Service. If you do not agree to the revised Terms of Use, you may no longer access or use the Website or the Service. If you have any questions about the Terms of Use contact us at legal@navoremarket.com.

Article 1.General terms
1. 1.1Definitions. In addition to capitalized terms defined elsewhere in these Terms of Use, the following capitalized terms will have the meaning provided for such terms below when used in these Terms of Use.
  1. (a)
    “Forum”
    means any portion of, section of, or web page on or incorporated into the Website where Producers, Purchasers, or other Users can post and Users can view, in whole or in part, any User Content posted by Producers, Purchasers, and/or Users.
  2. (b)
    “Intellectual Property Rights”
    means copyright, trademark, trade secret and all other intellectual and proprietary rights.
  3. (c)
    “Local”
    shall mean within the bounds of the local market as reasonably determined by the Company (for example, but not in limitation of the generality of the foregoing, a Local market for a city may be the county in which such city is located).
  4. (d)
    “Mobile Web App”
    means Navore’s mobile application that provides access to the Website and Service.
  5. (e)
    “Online Marketplace”
    means the platform on the Website that allows Users to shop or purchase from Producers (including without limitation farmers and specialty food businesses).
  6. (f)
    “Producer”
    means any individual or entity that sells or otherwise makes available products through or using the Online Marketplace.
  7. (g)
    “Product”
    means any product or good which may be offered, sold, or made available by or from any Producer.
  8. (h)
    “Purchaser”
    means any individual or entity that accesses the Website and makes a purchase through or using the Online Marketplace.
  9. (i)
    “Qualified Products”
    has the meaning set forth in Section 4.1 of these Terms of Use.
  10. (j)
    “Service”
    means the Online Marketplace and Forum provided by Navore on and through the Website.
  11. (k)
    “User”
    means any person or entity who accesses and uses the Website or the Service, including Purchasers, Producers and other users.
  12. (l)
    “User Content”
    means all communications, images, sounds, material, data, and information that is uploaded to or transmitted through the Website or the Service by or on behalf of a User, including but not limited to reviews, postings, Product information, name, address, IP addresses, technical information regarding your browser, computer, mobile device, or other device, and personal information.
2. 1.2Privacy policy. Please review our Privacy Policy located at https://navoremarket.com/privacy which is fully incorporated into these Terms of Use by this reference. By using the Website or the Service, you are consenting to the collection, disclosure, and use of all information you provide or which is otherwise obtained from or regarding you, including without limitation your User Content, in accordance with the terms of our Privacy Policy.
3. 1.3Service license. Subject to all of the terms and conditions herein, Navore grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service available through the Website solely: (a) for each Producer, to post and sell Qualified Products, information regarding such Qualified Products, information regarding such Producer (but not other Producers except to the extent explicitly permitted or required herein), and information regarding such Producer’s business practices; (b) for each Producer selling Qualified Products of a third party in accordance with these Terms of Use, to post and sell such third party’s Qualified Products, information regarding such third party’s Qualified Products, information regarding such third party, and information regarding such third party’s business practices (c) for Purchasers, to browse for, purchase, and provide reviews, information, and/or feedback with respect to, Producers and the Qualified Products made available by Producers; and (d) in each case, for all Users, solely for such User’s own personal purposes, provided, however, that such license shall be limited to those forms of use of the Service readily and intentionally provided by the Company through the Website or as part of the Service. You agree not to access or use the Service for any other purpose. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Website or the Service, including but not limited to payment of all third party fees associated therewith. Any unauthorized use automatically terminates the limited licenses granted in this Section 1.3 and in Section 1.4.
4. 1.4Website license. Subject to all of the terms and conditions herein, Navore hereby grants you a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, license to use the Website solely to access and use the Service and solely for your own personal purposes. Any unauthorized use automatically terminates the limited license granted in Section 1.3 and this Section 1.4.
5. 1.5Access. To use the Service and access certain features of the Website, you will be asked to provide certain registration details or other information to create a User account and obtain login credentials. It is a condition of your use of the Website and Service that all the information you provide on the Website is correct, current, and complete, and as such you: (a) represent and warrant that all information that you provide on the Website or in connection with your use of the Service is correct, current, and complete as of the time it is provided; and (b) will promptly (and in any case within five business days) update any such information if such information for any reason becomes, or you discover any such information to be, incorrect, inaccurate, or incomplete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
6. 1.6User obligations.
  1. (a)If you are not the administrator of a corporate account, you are entirely responsible for: (a) maintaining the confidentiality of your login credentials to access and use the Website and/or Service, if applicable; and (b) the activity that occurs using your login credentials.
  2. (b)If you are the administrator of a corporate account, you are entirely responsible for: (a) maintaining the confidentiality of your login credentials to access and use the Website and/or the Service, if applicable, (b) the activity that occurs using your login credentials; and (c) setting appropriate access rights and permissions for each user with designated access to the applicable corporate account (including deactivating or revoking such access or permissions as and when appropriate).
  3. (c)You may not use the login credentials of another User at any time nor provide your credentials to any other person or entity. You agree to notify us immediately of any unauthorized use of your login credentials. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  4. (d)In addition to, and not in limitation of, the foregoing, each person or entity that has a corporate account is responsible for each user account that is designated as a member or participant of such corporate account, including without limitation for all activity of the administrator and each other user designated as a representative of or with access to such corporate account, including, in each case, all obligations of the applicable User hereunder. By way of example, XYZ Farms, Inc. would be responsible for each user account designated as member accounts of XYZ Farms, Inc., including the administrator thereof and all activities of such accounts, as if XYZ Farms, Inc. was a party hereto with the same obligations as User with respect to such account. User will not access, form, use, update, or otherwise serve as a member or participant of such corporate account unless the person or entity that has such corporate account has consented to take on such responsibility and liability, and by engaging in such activity User hereby represents and warrants to Company that the person or entity that has such corporate account has consented and agreed to, and will hereby be, bound by these Terms of Use as if such person or entity were the User hereunder.
7. 1.7Restrictions. The Website and Service are copyrighted by, and as between you and Navore they are the sole and exclusive property of, Navore. You acknowledge that the Website and Service (and their respective structures, organization, and source code) constitute valuable intellectual property (including without limitation a portion of which constitutes trade secrets) of Navore. Accordingly, you must not: (a) copy, modify, adapt, alter, translate, port or create derivative works of the Website, Service or other Navore materials; (b) permit third parties to access or use the Website or Service using your login credentials; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, sublicense, or otherwise transfer in any manner the Website or Service (or any access to, or right to use, the Website or the Service, in whole or in part); (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the Website or Service; (e) remove, alter, or obscure any proprietary notices (including, without limitation, any copyright and trademark notices) of Navore or its licensors and suppliers from the Website or Service; (f) disseminate performance-related information relating to the Website or Service; or (g) otherwise use, reproduce, display or copy the Website or Service. You shall be exclusively responsible for the supervision, management, and control of your use of the Website and the Service.
8. 1.8Acceptable use policy. You will only use the Service and Website in accordance with these Terms of Use and our guidelines and policies as may be published or made available from time to time (and which such guidelines and policies may be updated or revised at any time by Navore in its sole discretion and without notice). Without limiting the foregoing, you agree that you will not, under any circumstances, do any of the following: (a) use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods, scripts, or any unauthorized software designed to modify, interfere, or interact with the Service or any Website experience; (b) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support Website or the Service or the enjoyment of the Website or the Service by any other person; (c) institute, assist, or become involved in any type of attack, including but not limited to distribution of a virus, denial of service attacks upon the Website or the Service, or other attempts to disrupt the Website or the Service or any other person’s use or enjoyment of the Website or the Service; (d) attempt to gain unauthorized access to the Website, the Service, accounts registered to others, or to the computers, servers, or networks connected to the Website or Service by any means other than the user interface provided by us, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website or the Service; (e) engage in any act that we deem to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms of Use, our application rules, application mechanics, guidelines or policies; (f) use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; (g) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; (h) post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; (i) harass, bully, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Navore employees, or attempt to do any of the foregoing; (j) make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonate any other person, including but not limited to a Navore employee; (k) solicit or attempt to solicit personal information from other Users; (l) collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; (m) create an account or access the Service if you are under the age of 13; (n) fail to monitor your account or fail to prevent use of your account by others (including without limitation minors or children under the age of 13); (o) use any unauthorized payment method or provide any false, incorrect, or incomplete information in connection with your use of the Website or the Service; (p) purchase or sell any products or services using the Website or the Service other than the Qualified Products; or (q) use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. You accept full responsibility for any unauthorized use of the Website or the Service by any other person or entity (including without limitation any use of the Website or the Service by minors) in connection with your account or your user credentials. You are responsible for any costs, expenses, fees, fines, penalties, liabilities, damages, or other amounts that become due or payable as the result of the use of your account or credentials, including without limitation as a result of any unauthorized use of the Website or the Service (by minors or otherwise) in connection with your account and such amounts shall become immediately due and owing.
9. 1.9Ownership; reservation of rights. You agree that, as between you and the Company, the Company shall own and retain all right, title, and interest to the Website and to the Service, to enhancements, improvements, and derivatives thereto, and to all Intellectual Property Rights related thereto. Except as expressly licensed to you herein, Navore on its behalf and on behalf of its licensors reserves all right, title and interest in the Website, the Service and all associated copyrights, trademarks, and other Intellectual Property Rights therein. The licenses granted herein are limited to the Intellectual Property Rights of Navore and its licensors in the Website and the Service and does not include any rights to other patents or Intellectual Property Rights. Notwithstanding anything to the contrary herein, all rights not specifically granted in the licenses set forth above shall be reserved and remain exclusively and always with Navore.
10. 1.10Copyrights. All title and copyrights in and to the Website and Service are owned by Navore or its licensors. The Website and the Service are protected by copyright laws and international treaty provisions. When using the Website and Service, you agree to obey the law and to respect the Intellectual Property Rights of Navore and of all others. Your use of the Website and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.
11. 1.11User content. By submitting any User Content while accessing the Website or using the Service, you affirm, represent, and warrant that the submitted or provided User Content (a) is accurate and not confidential; (b) is not in violation, and will not at any time be in violation, of any applicable laws, contractual restrictions, or third party rights or interests and that you have unrestricted and irrevocable permission from any third party whose personal information or intellectual property is included in the User Content to provide such information and intellectual property to Navore for publication and/or use in connection with the Website or the Service and as authorized by the Privacy Policy; (c) is free of viruses, adware, spyware, worms, or other malicious code; (d) does not constitute slander or libel or is not otherwise tortious in nature; (e) is true, complete, correct, and not misleading; (f) is fully owned by, and all right, title, and interest in and to such User Content belongs to, you without any restriction on use or disclosure; and (g) is appropriate in nature and content for the purpose for which it was submitted or provided to Navore. You agree that the personal information within your User Content, including without limitation your own personal information, will be processed by us in accordance with our Privacy Policy. You hereby grant the Company a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up, and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, introduce into circulation, commercialize, publish, distribute, sell, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication and any other medium, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works of the User Content, in any manner designated by Navore, including without limitation in connection with our provision and improvement of the Website and the Service and in any marketing and promotion of the Website or the Service. You are responsible for all User Content you post or otherwise transmit via the Service. We assume no responsibility for the conduct of any User submitting any User Content, and assume no responsibility for monitoring the Website, the Service, or any User Content for inappropriate, illegal, misleading, false, incomplete, incorrect, offensive, tortious, libelous, defamatory, or otherwise unsuitable content or conduct. User Content uploaded by other Users (for instance, in their profiles, reviews, or feedback) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use, and we assume no responsibility or liability for such User Content. Each User acknowledges and agrees that it is responsible for the accuracy of its User Content including, but not limited to, in the case of a Producer, all product descriptions and pricing provided by such Producer. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to, and we may at any time in our sole discretion for any reason or for no reason, edit, reject, refuse to post, or remove any User Content, and we may monitor or record your interaction with the Website or Service or communications when you are accessing or using the Website, the Service, or otherwise contacting us with respect to the Website or the Service, in each case in any manner authorized pursuant to the Privacy Policy, and by accessing or using the Website or the Service, you hereby provide your irrevocable consent to all such monitoring and recording and the disclosure and/or use of any such content, information, or recording as determined by Navore and permitted by the Privacy Policy. We have no responsibility to evaluate, use, or compensate you for any of your User Content. In furtherance of, and without limiting the foregoing, if you submit or make available any User Content (including without limitation through the Website, within the Service, or as a result of your access or use of the Website or Service), you understand and agree that Navore (i) shall have the right to display, publish, disclose, and reproduce your User Content on the Website, in the Service, in marketing materials, to other Users, and as otherwise permitted by the Privacy Policy, in each case without notice or compensation to you, including without limitation the posting of reviews and feedback, the use of any User Content in testimonials, and the provision of contact information as may be appropriate for pickup or delivery or any purchased Products; (2) shall have no obligation to return your User Content or respond in any way to any requests or demands related thereto; (3) may use your User Content for any purpose and in any way, in each case as permitted pursuant to the Privacy Policy, without notice or compensation to you, including without limitation to facilitate your use of the Website or the Service; (4) shall have the right to store all such User Content in accordance with our Privacy Policy; and (5) shall have the right to anonymize, deidentify and aggregate your User Content, following which processing it will no longer be considered User Content. NAVORE IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT PROVIDED THROUGH THE SERVICE.
12. 1.12Reporting user content. If you become aware of misuse of the Service by any person, including any User Content that is in violation of these Terms of Use, please promptly report it to us. You may contact us at legal@navoremarket.com to report User Content that you believe to be in violation of these Terms of Use.
13. 1.13User interactions. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Service or the Website. If you have a dispute with one or more Users, you irrevocably release Navore (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including, but not limited to, damages for loss of profits, goodwill, use or data, and you hereby agree not to bring any claim or action against Navore in connection therewith, whether directly or indirectly. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another state, you hereby waive any similar provision in your state law applicable to releases.
14. 1.14Removal. We may, at any time in our sole discretion and without further notice to you, remove your User Content and/or prohibit you from using the Website or Service. Within a commercially reasonable timeframe following your request, we will remove any of your personally identifiable information in our possession or control, provided, however, that we may privately maintain a copy of any such information that is appropriate or necessary to comply with applicable law or to maintain accurate books and records with respect to purchases, sales, or other activities utilizing the Website or the Service, and provided further that such removal will result in the closure of your account with Navore. If you would like to make such request, please notify us by clearly articulating such request with sufficient detail to allow us to identify your account via email to support@navoremarket.com. Please note, however, that any such request will not result in the removal of any such data or information that has been provided to any third party, including without limitation any search engine, Purchaser, Producer, or third party vendor, and you will need to separately contact all such persons or entities to request removal of any of your information to the extent permitted by their applicable policies, procedures, and legal requirements.
15. 1.15User communication. We reserve the right to send service related e-mails or initiate other communications (including without limitation phone calls and text messages) notifying you of or contacting you with respect to: (a) operational or other changes that may affect or change the Website or Service; (b) orders, order status, purchase or sale information, receipts, transaction information, account information, or other service related information; (c) responses to any User Content, including any inquiries, requests, or communications we receive from you; (d) to contact you regarding payment matters, refund requests, return requests, complaints, deliveries, product lists, pricing, or similar matters; or (e) to contact you for such other interactions are reasonably appropriate with respect to your access or use of the Website or the Service. Please note that you cannot opt out of such service e-mails or communications because these service e-mails and communications provide information critical for the operation of, and your use of, the Website and Service. We will additionally send you marketing e-mails. You can opt out of receiving such marketing e-mails by editing your communication preferences in your account settings. YOU HEREBY GRANT US PERMISSION TO SEND YOU ALL SERVICE AND MARKETING E-MAILS AND TO OTHERWISE CONTACT YOU (INCLUDING WITHOUT LIMITATION BY PHONE CALLS OR TEXT MESSAGE) AS DESCRIBED ABOVE.
16. 1.16Cookies. The Website uses Cookies. “Cookies” are small pieces of information that are stored by your browser on your device that, among other functions, allow the Website to be customized or tailored on an individual basis (including without limitation storing and providing certain identifying information and potentially user preferences, settings, history, access information, credentials, passwords, etc.). Cookies can be useful to you by saving and retrieving passwords and other information and preferences you use on the Website, saving you from having to re-enter this information every time you visit the Website. Please be aware that Cookies may also be received when you link to another Website from our Website (for example, banner advertisements) and we do not have control over how they use this information. Cookies can also enable us to track and target the interests of our Users to enhance the experience on the Website. Some of our business partners (including without limitation advertisers) may use Cookies on the Website, however we do not have access to or control over the Cookies provided or used by these business partners or any other third parties. Most web browsers automatically accept Cookies, but if you prefer, you can edit your browser options to block them in the future. Please be aware that, if you elect not to accept Cookies some of the features on the Website may not function properly and your access or use of the Website and the Services may be more cumbersome and less efficient, or may fail to work altogether.
17. 1.17Search engines. Like any website on the internet, the Website is scanned intermittently by search engines. Navore does not own the search engines nor are we affiliated with them in any way. Information such as names, reviews, feedback, and other information that display on the Website may be picked up by search engines. Please do not submit or display any information unless you are comfortable with such information being seen by a search engine on the internet and potentially being made public or searchable as a result thereof.
18. 1.18Log files. We use IP addresses to analyze trends, administer the Website and Service, track User movement, and gather broad demographic information for aggregate use.
19. 1.19Warranty disclaimers; limitations of liability
  1. (a)THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE OR THE SERVICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FOREGOING INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AVAILABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCE SHALL WE BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM MISUSE, ABUSE OR MOBILE DEVICE MALFUNCTION, OR IF THE WEBSITE OR SERVICE HAS BEEN ACCESSED, USED, MODIFIED OR OPERATED OTHER THAN IN ACCORDANCE WITH AND AS PERMITTED BY THESE TERMS OF USE. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE ADEQUATE FOR YOUR PURPOSES OR THAT USE OF THE WEBSITE OR SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES FROM US OR ANY THIRD PARTY.
  2. (b)WITH RESPECT TO PURCHASERS, IT IS OUR INTENT AND A CONTRACTUAL REQUIREMENT PURSUANT TO THESE TERMS OF USE THAT THE PRODUCTS SOLD BY PRODUCERS THROUGH THE WEBSITE OR THE SERVICE: (A) ARE ACCURATELY DESCRIBED AND PORTRAYED, BOTH IN TEXT AND IN IMAGE, ON THE WEBSITE AND IN THE SERVICE (INCLUDING WITHOUT LIMITATION THE STATUS THEREOF AS GLUTEN FREE, DAIRY FREE, VEGAN, OR OTHER STATUS ITEMS OR DESCRIPTIONS SET FORTH FOR ANY PRODUCTS ON THE WEBSITE OR THROUGH THE SERVICE); AND (B) ARE LOCALLY GROWN OR PRODUCED IN ACCORDANCE WITH OUR THEN-CURRENT STANDARDS FOR WHAT CONSTITUTES LOCAL (WHICH WE WILL REASONABLY DETERMINE BASED ON THE CIRCUMSTANCES). WE PERFORM PERIODIC CHECKS AND REVIEWS WITH RESPECT TO THE FOREGOING, HOWEVER WE ARE NOT ABLE TO CHECK ALL PURCHASES, ORDERS, POSTINGS, DESCRIPTIONS, IMAGES, DISCLOSURES, OR OTHER INFORMATION. AS A RESULT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE DO NOT HAVE CONTROL OVER PRODUCERS AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, THAT (I) THE PRODUCTS SOLD ON OR THROUGH THE WEBSITE OR THE SERVICE ARE ACCURATELY DESCRIBED (IN TEXT, IN IMAGE, OR OTHERWISE) ON THE WEBSITE OR IN THE SERVICE (INCLUDING WITHOUT LIMITATION THE STATUS THEREOF AS GLUTEN FREE, DAIRY FREE, VEGAN, OR OTHER STATUS ITEMS OR DESCRIPTIONS SET FORTH FOR ANY PRODUCTS ON THE WEBSITE OR THROUGH THE SERVICE); (II) THAT THE PRODUCTS WILL BE FRESH, LOCAL, OR FIT FOR CONSUMPTION OR USE AS INTENDED OR DESCRIBED; OR (III) THAT THE QUALITY OF THE PRODUCTS AND THE USE OF ANY CHEMICALS, PESTICIDES, HERBICIDES, METHODS, PREPARATIONS, TREATMENTS, OR OTHER HANDLING OF SUCH PRODUCTS HAS BEEN DISCLOSED OR IS ACCURATE (INCLUDING WITHOUT LIMITATION THAT ANY OR ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION 4.3 OF THESE TERMS OF USE HAVE BEEN MADE OR ARE ACCURATE, COMPLETE, OR NOT MISLEADING). NAVORE SHALL HAVE NO RESPONSIBILITY OR LIABILITY ARISING WITH RESPECT TO ANY PRODUCTS SOLD BY ANY PRODUCER, INCLUDING WITHOUT LIMITATION DUE TO (W) ANY INACCURATE, INCOMPLETE, OR MISLEADING INFORMATION PROVIDED BY SUCH PRODUCER, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES BY A PRODUCER BEING INACCURATE, INCOMPLETE, OR MISLEADING, (X) THE QUALITY OR TREATMENT OF SUCH PRODUCTS, OR ANY CHEMICALS, PESTICIDES, INSECTICIDES, HERBICIDES, OR SIMILAR PRODUCTS USED FOR OR IN CONNECTION WITH GROWING, TREATMENT, OR HANDLING OF SUCH PRODUCTS, OR THE NATURE OF SUCH PRODUCTS NOT BEING DISCLOSED OR BEING INACCURATELY DISCLOSED; (Y) ANY SUCH PRODUCTS BEING UNFIT FOR CONSUMPTION OR USE IN THE ANTICIPATED, EXPECTED, OR DESCRIBED MANNER; AND (Z) THE UNAVAILABILITY OF AND PURCHASED PRODUCT OR FAILURE OF THE APPLICABLE PRODUCER TO DELIVER THE ORDERED PRODUCT IN THE DESIGNATED TIME AND LOCATION, AND YOUR SOLE RECOURSE AS A PURCHASER WITH RESPECT TO ANY OF THE FOREGOING WILL BE SOLELY AGAINST THE APPLICABLE PRODUCER (AND YOU HEREBY WAIVE AND COVENANT NOT TO BRING ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST NAVORE WITH RESPECT THERETO).
  3. (c)WITH RESPECT TO PRODUCERS, IT IS OUR INTENT AND A CONTRACTUAL REQUIREMENT UNDER THESE TERMS OF USE THAT ALL SUBMISSIONS OF ORDERS ARE BONA FIDE PURCHASES OF QUALIFIED PRODUCTS FROM THE DESIGNATED PRODUCER AND THAT THE PAYMENT FOR EACH SUCH TRANSACTION WILL BE HONORED BY THE PURCHASERS DESIGNATED BANK OR CREDIT CARD COMPANY, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, WE DO NOT CONTROL ANY PURCHASER, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY TRANSACTION IS A LEGITIMATE BONA FIDE PURCHASE OR THAT THE PAYMENT FOR SUCH TRANSACTION WILL NOT BE REVERSED, CHARGED BACK, CONTESTED, DISPUTED, OR OTHERWISE CANCELLED. NAVORE WILL HAVE NO RESPONSIBILITY FOR, OR OBLIGATION WITH RESPECT TO, ANY FAILURE BY A PURCHASER TO PAY AMOUNTS OWED OR FOR ANY REVERSAL, CHARGEBACK, CONTEST, DISPUTE, OR OTHER MATTER ARISING WITH RESPECT TO ANY ACTUAL OR PURPORTED TRANSACTION, AND YOUR SOLE RECOURSE AS A PRODUCER WITH RESPECT TO ANY OF THE FOREGOING WILL BE SOLELY AGAINST THE APPLICABLE PURCHASER (AND YOU HEREBY WAIVE AND COVENANT NOT TO BRING ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST NAVORE WITH RESPECT THERETO).
  4. (d)NAVORE MAY, DEPENDING ON THE METHOD OF DELIVERY OF THE PRODUCT, TEMPORARILY HOUSE OR STORE PURCHASED PRODUCT AT ONE OR MORE OF ITS WAREHOUSES OR DELIVERY LOCATIONS. WHILE NAVORE WILL USE COMMERCIALLY REASONABLE EFFORTS TO STORE PRODUCT IN AN APPROPRIATE MANNER (WHETHER ROOM TEMPERATURE OR REFRIGERATED BASED ON THE SPECIFIC DESIGNATION FOR SUCH PRODUCT AND SUBJECT TO THE STORAGE POLICIES ADOPTED BY NAVORE FROM TIME TO TIME), NAVORE’S SPACE AT DELIVERY LOCATIONS IS LIMITED AND NAVORE MAY NOT BE CAPABLE OF PROVIDING STORAGE THAT IS ADEQUATE OR APPROPRIATE FOR ANY SPECIFIC ORDER. AS SUCH, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO OUR STORAGE FACILITIES OR THE CONDITIONS IN WHICH ANY PARTICULAR ORDERS ARE MAINTAINED (INCLUDING WITHOUT LIMITATION THAT ANY PARTICULAR ORDERS MAY BE REFRIGERATED OR STORED AT IDEAL TEMPERATURES). EVEN IF ORDERS ARE STORED PROPERLY, FOOD PRODUCTS (AND PARTICULARLY FRESH PRODUCE AND LOCALLY GROWN PRODUCTS) HAVE LIMITED SHELF LIFE AND WILL DEGRADE, ROT, OR SPOIL (OFTEN RELATIVELY QUICKLY) OVER TIME. NAVORE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FRESHNESS OF THE PRODUCTS THAT ARE DELIVERED BY THE PRODUCER OR THAT SUCH PRODUCTS WILL NOT BE DEGRADED, ROTTEN, OR SPOILED WHEN RETRIEVED FROM STORAGE (WHICH SUCH OCCURRENCE IS LIKELY TO BE CLOSELY CORRELATED WITH THE AMOUNT OF TIME THAT SUCH PRODUCTS HAVE BEEN STORED OR HELD). WE HIGHLY RECOMMEND EACH PURCHASER PROMPTLY PICK UP OR RETRIEVE ORDERS THAT ARE STORED TO AVOID UNDUE SPOILAGE OF THE PURCHASED PRODUCTS. YOU AUTHORIZE NAVORE TO DISPOSE OF (INCLUDING WITHOUT LIMITATION, IF ELECTED BY NAVORE, TO GIVE AWAY) IN ANY MANNER DETERMINED APPROPRIATE BY NAVORE ANY AND ALL PRODUCTS STORED OR LEFT WITH NAVORE WHICH ARE NOT PICKED UP OR COLLECTED BY THE DESIGNATED USER WITHIN THE DESIGNATED PICKUP TIMEFRAME, AND NAVORE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH ACTION, THE APPLICABLE USER WILL NOT BE ENTITLED TO A REFUND OR ANY OTHER CREDIT, AND THE APPLICABLE USER WILL BE RESPONSIBLE FOR PAYING FOR EACH SUCH PRODUCT AS IF THEY HAD PICKED UP SUCH PRODUCT WITHIN THE DESIGNATED TIMEFRAME.
  5. (e)NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL NAVORE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICE, THE PRODUCTS, OR ANY OTHER OBLIGATION OR RESPONSIBILITY OF NAVORE, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, THE NATURE, CLASSIFICATION, SPOILAGE, TREATMENT, QUALITY, OR NON-DELIVERY OF ANY PRODUCTS, LOSS OF GOODWILL OR PROFITS, OR LOST BUSINESS HOWEVER CHARACTERIZED. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN ANY CASE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NAVORE’S GROSS AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY CLAIM, ACTION, DISPUTE, OR PROCEEDING ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICE, THE PRODUCTS, OR ANY OTHER OBLIGATION OR RESPONSIBILITY OF NAVORE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION ARISING UNDER OR WITH RESPECT TO ANY PROVISION OF THESE TERMS OF USE) SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
  6. (f)NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NAVORE WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING OUT OF OR RELATING TO: (i) THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY VENDOR, WHETHER USED BY A PRODUCER, PURCHASER, OTHER USER, OR A VENDOR OF NAVORE (INCLUDING WITHOUT LIMITATION ANY DATA BREACH DUE TO SUCH THIRD PARTY OR THE UNAUTHORIZED DISCLOSURE OR USE OF PERSONALLY IDENTIFIABLE INFORMATION OR CREDIT CARD NUMBERS BY ANY SUCH THIRD PARTY); OR (ii) NAVORE’S EXERCISE OR ANY RIGHTS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION THE TERMINATION OF YOUR ACCESS OR USE OF THE WEBSITE OR THE SERVICE, THE REPORTING OF YOUR ACTIVITIES TO ANY APPLICABLE GOVERNMENTAL AUTHORITY, OR THE DISCLOSURE OF ANY INFORMATION REGARDING YOUR BUSINESS PRACTICES.
  7. (g)THE FOREGOING LIMITATIONS ON LIABILITY MAY, IN SOME CIRCUMSTANCES AND IN CERTAIN JURISDICTIONS, BE LIMITED BY OR NOT APPLY DUE TO APPLICABLE LAW, IN WHICH CASE THEY WILL ONLY APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
20. 1.20Indemnification.
  1. (a)You agree to defend, indemnify, and hold harmless the Company, its Users, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use; (ii) your use of the Website (including, but not limited to, any use of the Website’s content, the Service, and products in a manner that has not been expressly authorized in these Terms of Use); (iii) your use of any information obtained from the Website or as a result of your use of the Service; (iv) any User Content that you have submitted (including without limitation any use, display, or disclosure thereof by Navore as permitted herein or by the Privacy Policy and including without limitation any such User Content infringing on the intellectual property or rights of any person or entity); and (v) any matters which are your responsibility pursuant to these Terms of Use.
  2. (b)Without limiting the generality of the foregoing, each Purchaser or User with an account that engages in a transaction using the Website or the Service hereby agrees to defend, indemnify, and hold harmless the Company, its Users, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any transaction initiated by or using the account of such User, including without limitation any chargeback, reversal, or other failure to make any payment, and any dispute, claim, or proceeding relating thereto or arising therefrom.
  3. (c)Without limiting the generality of the foregoing, each Producer hereby agrees to defend, indemnify, and hold harmless the Company, its Users, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any Products sold or provided by or on behalf of such Producer, including without limitation the status of any Products, the sourcing of any Products, the manner in which such Products were grown or produced, the condition of any Products, the spoilage of any Products, any chemicals, pesticides, insecticides, herbicides, or similar products used for or on any Products (or lack thereof), or any failure to deliver the correct Products to the Purchaser or the appropriate pickup location on a timely basis.
21. 1.21Termination. Navore may, at any time in its sole discretion, for any reason or for no reason, terminate the licenses granted to you herein and terminate or revoke your right to access or use the Website or the Service, including without limitation due to your breach of any of the terms contained herein or your failure to promptly respond to notices or inquiries related to your account. Your right to access and use the Website and the Service, and the licenses granted to you herein, shall automatically terminate without notice upon the occurrence of any of the following: (i) your attempt to use, copy, license, or convey the Website or Service in any manner contrary to these Terms of Use or in derogation of our Intellectual Property Rights therein; and (ii) you access or use of the Website or the Service to engage in, or any attempt by you to engage in, any illegal or prohibited activity or the purchase or sale anything other than a Qualified Product. Immediately upon any such termination, whether or not you receive notice of such termination, the limited licenses granted herein shall be immediately terminated and you shall not have any further rights to use the Website or Service. All rights and remedies conferred herein shall be cumulative and in addition to all of the rights and remedies available to each party at law, equity or otherwise.
22. 1.22Arbitration. Each of you and Navore agree that, to the greatest extent permitted by law, except as expressly set forth herein, any and all disputes, claims, actions, proceedings, or controversies arising out of or relating to these Terms of Use, the Website, the Service, the Products, or any transaction or arrangements resulting therefrom or performed in connection therewith that are not resolved by their mutual agreement: (a) shall be brought by a party in such party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and (b) shall be submitted to final and binding arbitration before JAMS (formerly Judicial Arbitration and Mediation Services), or its successor, pursuant to the United States Federal Arbitration Act, 9 U.S.C. §§1 et seq. Either party may commence the arbitration process by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted: (i) in accordance with the provisions of JAMS’ Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration; (ii) in the English language; and (iii) in San Diego, California. The parties will reasonably cooperate with JAMS and with one another in selecting a single arbitrator from a panel of neutrals provided by JAMS, and in scheduling the arbitration proceedings. If the parties are unable to agree on a single arbitrator from such panel of neutrals, the arbitrator will be determined and selected by JAMS. The parties agree that they will participate in the arbitration in good faith and that they will share equally in its costs. The arbitrators will have the authority to award fees and expenses, including reasonable attorneys’ fees, to the prevailing party. The arbitration shall be governed by the United States Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. You and Navore agree that the arbitration shall be kept confidential and that the existence of the arbitration proceeding and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) shall not be disclosed beyond the tribunal, JAMS, the parties, their counsel, accountants and auditors, insurers and re-insurers, and any person or entity necessary to the conduct of the proceeding. The confidentiality obligations in this Section 1.22 shall not apply: (x) if disclosure is required by law, or in judicial or administrative proceedings; or (y) as far as disclosure is necessary to enforce the rights arising out of the arbitration award. Without otherwise limiting the requirements imposed by this Section 1.22, a party may seek any interim or provisional relief that may be necessary to protect its interests hereunder as contemplated in Section 1.23, pending the resolution of any dispute in accordance with this Section 1.22.
23. 1.23Governing low. These Terms of Use will be governed by and interpreted in accordance with the law of the State of Delaware without reference to its choice of law rules. You and Navore both irrevocably submit to the exclusive jurisdiction of the state or federal courts located in San Diego County, California for enforcement of any arbitral award or for any interim or provisional relief pending the resolution of any dispute in accordance with Section 1.22, and both parties waive any right to object to the exclusive jurisdiction or venue of the state and federal courts located in San Diego County, California in connection with any action for enforcement of any arbitral award or for any interim or provisional relief pending the resolution of any dispute in accordance with Section 1.22. In the event of any action being filed to enforce an arbitral award, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
24. 1.24Waiver of class action and representative action. YOU EXPRESSLY AGREE THAT: (A) ANY DISPUTE, CLAIM, CONTROVERSY, ACTION, OR PROCEEDING WITH OR INVOLVING NAVORE IS PERSONAL TO YOU; (B) ANY DISPUTE, CLAIM, CONTROVERSY, ACTION, OR PROCEEDING SHALL ONLY BE RESOLVED BY BINDING ARBITRATION (IN ACCORDANCE WITH SECTION 1.22) IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (C) YOU SHALL NOT BRING A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS; AND (D) YOU SHALL NOT PERMIT A DISPUTE TO BE BROUGHT AS, AND SHALL NOT PARTICIPATE IN, A CLASS OR REPRESENTATIVE ACTION ON BEHALF OF ANY OTHER PERSON OR PERSONS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, A DISPUTE, CLAIM, CONTROVERSY, ACTION, OR PROCEEDING MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION PROCEEDING IN ACCORDANCE WITH SECTION 1.22 AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
25. 1.25Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, such provision will be interpreted and substituted to accomplish the objectives of such provision to the greatest extent possible under applicable law (and if not possible to interpret or substitute such provision to accomplish the objectives of the provision to the greatest extent possible under applicable law, shall be deleted from these Terms of Use solely for any purposes for which such provision is unenforceable). The remaining provisions of these Terms of Use will continue in full force and effect and will remain binding on you and Navore.
26. 1.26Legal relationship. You hereby acknowledge and agree that you are an independent contractor and are free to choose: (a) to access or not access the Website; (b) to participate or not participate in the Service; and (c) your scope and frequency of participation, if you elect to participate in the Service, and that you can modify any of the foregoing in your sole discretion, provided, however, that if you do elect to participate and you engage in a transaction as a Purchaser or you have Products purchased from you as a Producer, you agree to honor such transaction and be responsible for such transaction in accordance with these Terms of Use. Navore does not direct the level, scope, or frequency of your participation in the Service or have any requirements with respect thereto, and you are free to separately and independently participate or engage in other endeavors and services with any third parties without restriction. Unless you have a written offer letter or employment agreement with Navore, in each case duly executed by an executive of Navore, you shall not be (and nothing in these Terms of Use or the relationship resulting from your access, use, or participation in the Website or the Service shall cause you to be) an agent or an employee of Navore. You have no right or authority at any time to make any contract or binding promise of any nature on behalf of Navore or to hold yourself out: (i) as having such authority; or (ii) as anything other than an independent contractor of Navore.
27. 1.27Eligibility. The Website and the Service are not intended for Users under the age of 18. If you are a minor under the age of 18, you may not use the Website or the Service. We do not knowingly collect personally identifiable information from anyone under the age of 13. We are committed to protecting the privacy of children and complying with the Children’s Online Privacy Protection Act (COPPA). Children under age 13 should not send any information about themselves to us. If a child under age 13 submits information through any part of the Website or Service, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. Parents are requested to supervise their children’s online activities and consider using available parental control tools to help provide a safe online environment. For additional information about COPPA, visit the U.S. Federal Trade Commission Website at http://www.ftc.gov.
28. 1.28Warranty and acknowledgement. BY ACCESSING THE WEBSITE OR USING THE SERVICE, YOU REPRESENT, WARRANT AND COVENANT THAT (A) YOU ARE 18 YEARS OF AGE OR OLDER; (B) THE INFORMATION YOU HAVE PROVIDED AND WILL IN THE FUTURE PROVIDE WITH RESPECT TO YOURSELF, YOUR ACCOUNT WITH NAVORE, AND IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE SERVICES IS TRUE, ACCURATE, COMPLETE AND CURRENT; (C) YOU HAVE READ THESE TERMS OF USE AND YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; AND (D) IF YOU ARE NOT AN INDIVIDUAL, THE PERSON ACTING ON YOUR BEHALF HAS ALL NECESSARY RIGHT, POWER, AUTHORITY, CONSENTS, APPROVALS, AND OTHER AUTHORIZATIONS NECESSARY OR APPROPRIATE TO CAUSE YOU TO BE BOUND BY, AND YOU SHALL BE BOUND BY AND SUBJECT TO, THESE TERMS OF USE, AND TO ENGAGE IN THE ACTIVITY IN WHICH YOU ELECT TO ENGAGE IN CONNECTION WITH THE WEBSITE AND THE SERVICE.
29. 1.29Policies. Navore reserves the right to create and or publish policies or guidelines from time to time with respect to the Website, the Service, any transactions that may occur utilizing the foregoing, or any of the Products which may be listed. All such policies and guidelines will be valid and enforceable, and must be followed by all Users, until revoked. Navore may modify any such policies or guidelines from time to time in its sole discretion and without notice to you.
Article 2.Purchaser terms
1. 2.1Purchases. You must have an account through the Service to make a purchase. When acting as a Purchaser, you will access the Website and locate the Product(s) you wish to purchase. Once you have located the desired Product(s) you will have the ability to add them to your virtual cart for purchase. Once you have added the Product(s) you elect to purchase to the virtual cart, upon viewing the virtual cart you will have the option to go to a checkout webpage where you will enter or select personal information, which includes, without limitation, your name, payment information, address, phone number, email address, delivery or pickup location, and such other information designated or required by such checkout page. By providing such information, you authorize Navore to share all such personal information (in whole or in part, as determined by Navore and subject to the Privacy Policy) with: (a) third party service providers who provide payment processing services; (b) the applicable Producer(s) that are providing or supplying the Product(s) ordered; (c) any third party delivery service or vendor, if any and if applicable; and (d) any third party warehouse or storage facility or location, if any and if applicable. All data collected from Purchasers will be handled in accordance with our Privacy Policy. You hereby authorize us or the applicable payment processor to charge to the credit or debit card or bank account that you provide for a purchase: (i) the full listed price of the Product(s) you select; (ii) the designated fees and amounts charged by Navore with respect to the Services; (iii) any applicable service fees; and (iv) if applicable, any delivery fees or charges. In addition, you acknowledge that the third party payment processor, as applicable, may have a processing fee as detailed on the payment screen and, if so, that you will be charged (and you hereby authorize the applicable payment processor to charge) the processing fee amount in addition to the amount due for the Product(s). Any service fee, processing fee, or other amounts charged by an applicable payment processor and the Navore fees and amounts charged for use of the Service (including without limitation the amount required to be paid to Navore by the Producer in accordance with Section 3.14 below) are not refundable. The foregoing amounts owed in connection with a purchase of one or more Product(s) may be charged to your designated payment method in separate transactions and you hereby agree to pay, and authorize, each of such separate transactions. Questions, issues, or concerns regarding charges, including without limitation all requests for refunds, must be brought to our attention within forty eight (48) hours after the delivery (or pickup, if applicable) of the Products, by email to our customer service department at support@navoremarket.com and, to the extent applicable, to the applicable Producer through Navore or utilizing the dispute process available to you through the Website. Issues regarding Products, including all charges and refund requests, not submitted within such forty eight (48) hour period are not subject to review, reversal or refund. If the Producer declines or rejects any refund requests or other disputes, you can dispute the Producer’s approach by notifying us of your request within the ninety (90) day period following such response from the Producer by email to support@navoremarket.com. You waive any dispute or refund request that was denied if you fail to dispute such response within such ninety (90) day period. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US OR THIRD PARTY PROCESSOR IS TRUE, CORRECT AND COMPLETE AND THAT YOU ARE AUTHORIZED TO PROVIDE AND USE IT, (II) PAYMENTS MADE BY YOU FOR PURCHASES OF PRODUCTS WILL BE HONORED BY YOUR CREDIT CARD COMPANY OR BANK, AS APPLICABLE, AND (III) THAT ALL TRANSACTIONS SUBMITTED THROUGH YOUR ACCOUNT OR UTILIZING YOUR CREDENTIALS ARE BONA FIDE TRANSACTIONS FOR THE PURCHASE OF QUALIFIED PRODUCTS. Navore reserves the right to, and may in its sole discretion, close the account of, and prohibit use of the Website and the Service by, any Purchaser that charges back, reverses, or otherwise fails to complete or honor any transaction submitted by such Purchaser (including without limitation any ACH reject, credit card charge back, or other transaction reversal for any reason). Any charge back, reversal, or other failure to complete or honor any transaction submitted by a Purchaser shall not relieve such Purchaser of responsibility or liability with respect to such transaction, and Purchaser hereby agrees to any consents to any action brought by Navore or any Producer to enforce its rights or recover any and all damages, including without limitation all costs of collection, resulting from any such failure to complete or honor the submitted transaction. Any spoilage or expiration of the Product(s) purchased as a result of your failure to timely retrieve or pick up such Products, or your failure to retrieve or pick up such Products, will not relieve you of the obligation to pay for any transaction.
2. 2.2Wholesale. Each Purchaser is, by default, a retail Purchaser. If you are a wholesale Purchaser you must register with Navore as a wholesale purchaser prior to making any purchaser. By registering as a wholesale purchaser, you represent and warrant to Navore and to each applicable Producer that (a) you and/or your organization, as applicable, have complied with all law applicable to wholesale organizations including without limitation registration as a wholesaler and that you have in good standing all required licenses, permits, and approvals, in each jurisdiction where such registration, license, permit, and/or approval is required; (b) you can, and that you will upon Navore’s request provide proof of any such registration or other status as a wholesale purchaser (or your entity if you are acting as an agent of such entity, as applicable); and (c) you will provide to Navore, upon Navore’s request, such other information requested by Navore for purposes of processing, evaluating, or maintaining your registration with Navore as a wholesale purchaser.
3. 2.3Delivery. If any purchased Products are to be delivered, you authorize Navore to disclose to the Producer and/or the applicable third party delivery service: (a) the details of any transaction, including without limitation the order number, Products purchased, and quantities of Products purchased; (b) your phone number and email address; and (c) your personal address or such other address as may be designated as the delivery location, in each case to facilitate the delivery of your order or to allow such Producer or third party to contact you with respect to any issues associated with the delivery or to coordinate such delivery with you.
4. 2.4Storage. Navore may, but will not be required to, operate certain drop-off, storage, and pickup locations with respect to purchased Products to facilitate any purchase that is made and the transfer of the relevant Products from the Producer to the Purchaser. Navore makes no representation or warranty with respect to any such drop-off, storage, or pickup locations (including without limitation their suitability for storage of any purchased Products) and the Purchaser and Producer use such locations at their sole risk. Navore may charge a fee in connection with the use of any such location, in which case you agree to pay any such fee (unless paid by the Producer). Navore may set available hours with respect to each such location and such locations will not be available or accessible outside of the designated available hours. Navore may also set restrictions on the periods for which it will hold any Products and it is your responsibility to pick up all delivered Products prior to the expiration of the applicable holding period set by Navore. It is your responsibility to coordinate the delivery or storage of any Products purchased and to pick up all such Products at the time designated through your use of the Service. You hereby authorize Navore to discard or otherwise dispose of any and all Products that: (a) are not picked up promptly (or in any event within the applicable holding period) from the designated pickup location; (b) have spoiled or, in Navore’s discretion, are becoming spoiled or at risk of causing the spoilage of Products purchased by, or stored for, other Users; (c) are unsafe or otherwise detrimental to such facilities or any other person or Product; or (d) are delivered and for which Navore does not have the appropriate storage arrangements or storage capacity to maintain. Navore will have no liability or responsibility for its discarding of, or disposition of, any Products in accordance herewith, and such discarding or disposition of such Products will not relieve Purchaser of any obligation with respect to such Products (including without limitation Purchaser’s obligation to pay in full for all such Products).
5. 2.5Return policy. Unless otherwise designated by a Producer with respect to the Products purchased from such Producer, and given the perishable nature of the products and health and safety concerns, among other reasons, all sales of the Product(s) are final and non-refundable unless such Products are missing or damaged. In the event that a Purchaser seeks to return or receive a refund, in whole or in part, for one or more Product(s) purchased through or using the Website or the Service for any reason, Purchaser must contact the Producer responsible for the applicable Product. If a Purchaser believes that a Producer’s Product is not as described on the Online Marketplace, Purchaser’s sole remedy is to request a replacement or refund from the Producer, which such request must be made using the request form available through the Website and the Services within the timeframe set forth in Section 2.1 above. Navore is not responsible for any return or refund that is not provided by a Producer for any reason. Navore has the right (but not the obligation) to investigate any requests for refunds and responses to such requests. Producers and/or Purchasers that Navore finds abusing the refund process may be suspended or removed from the Website or the Services by Navore in its sole discretion.
6. 2.6Users outside of the USA. The owner of the Website is based in the United States. We make no claims that the Service, the Website, or any of its content is accessible or appropriate outside of the United States. Access to the Website or Service may not be legal by certain persons or in certain countries. If you access the Website or the Service from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. 2.7Purchase and service fee.
  1. (a)
    In addition to each transaction for payment for the Product(s) that you order, you will be charged and agree to pay, as a separate transaction, Navore and/or its processor separate fees (which may include, without limitation, fees for use of the Navore platform and for the Services provided by Navore and/or its payment processor). The amount of such fees may be modified by Navore from time-to-time. Such fees will, when applicable, be listed on the checkout page and must be accepted to make purchases using the Website and the Services.
  2. (b)
    If the order includes a delivery, Navore’s then standard service fee for delivery orders will also be charged. The delivery fee(s) will, when applicable, be listed on the checkout page and must be accepted to make purchases with a delivery option.
  3. (c)
    Navore and/or the third party payment processor utilized by Navore and the Producers may elect to charge a service fee in connection with any transaction. This fee will, when applicable, be listed on the checkout page and must be accepted to make purchases using the Website and the Services.
  4. (d)
    By electing to make a purchase using the Website or the Service, you agree: (i) to pay, in full, the amount applicable for the selected Product(s), the delivery fee (if applicable), the fee charged by Navore, the services fee, and any other fees designated as applicable to such transaction, in each case as disclosed or listed on the checkout page; and (ii) that the foregoing amounts may be in two or more separate transactions (and that, by electing to make such purchase, you agree to accept and pay all such transactions). Except as expressly set forth herein, all payments and charges are final and not refundable. In no event (including without limitation in connection with a return or refund of any order or transaction that is permitted pursuant to these Terms of Use) will any Purchaser be entitled to a refund of any service fees charged (including without limitation service fees for card acceptance costs).
8. 2.8Taxes. You agree to pay all sales tax and other applicable taxes necessary or appropriate with respect to any order that you make. While Producers are responsible for determining and charging appropriate sales taxes and other tax amounts, any failure to do so by a Producer will not relieve you of your responsibility to pay such taxes.
Article 3.Producer terms
1. 3.1Product description. Each Producer is responsible for the accuracy of its User Content including, but not limited to, product descriptions and pricing. Producer will ensure: (a) that all of its User Content is accurate, correct, complete, and not misleading; (b) all Products posted or made available by Producer are clearly and accurately described and portrayed in the applicable Forum and product posting; (c) all posted Products are Qualified Products and have been grown, prepared, and are offered in compliance with all applicable laws and regulations; and (d) that each Purchaser that elects to purchase any Product from Producer will be fully informed about the condition, status, description, and details of such Product based on the associated User Content provided by such Producer. All User Content that Producer posts on the Forum or Online Marketplace must be related to its business or Products and no Producer will post information that is not related to such Producer’s business or Products. Navore does not warrant the accuracy, completeness or reliability of any User Content and Producer agrees to be solely responsible for all of its User Content.
2. 3.2Products. Producer acknowledges that Navore is in the business of connecting Local farmers and specialty food businesses with the public and that the Service exists to facilitate sales of Qualified Products. As such, Producer agrees that it is strictly limited to selling Qualified Products on the Website and through the Service. In addition, Producer will only sell or make available with respect to any area those Qualified Products that are grown or produced, as applicable, in such Local area by Local farmers or specialty food businesses located in such Local area. NAVORE RESERVES THE RIGHT TO EXCLUDE ANY ITEMS FOR SALE ON THE ONLINE MARKETPLACE, WHATSOEVER, THAT WE BELIEVE, IN OUR SOLE DISCRETION, DO NOT COMPLY WITH THESE TERMS OF USE, OR ARE NOT IN THE SPIRIT OF THE TERMS AND CONDITIONS FOUND HEREIN. IF ANY PRODUCER IS FOUND TO BE SELLING PRODUCTS IN AN AREA THAT ARE NOT LOCALLY PRODUCED OR GROWN, NAVORE MAY, IN ITS SOLE DISCRETION AND IN ADDITION TO ALL OTHER CLAIMS, RIGHTS, AND REMEDIES AVAILABLE TO NAVORE, IMMEDIATELY TERMINATE ALL OF SUCH PRODUCER’S ACCESS TO THE WEBSITE OR THE SERVICE. NAVORE FURTHER RESERVES THE RIGHT TO CHANGE WHAT PRODUCTS IT DETERMINED ARE QUALIFIED PRODUCTS AT ANY TIME IN ITS SOLE DISCRETION, AND YOU WILL IMMEDIATELY CEASE ALL SALE AND OFFERING OF ANY PRODUCTS THAT ARE NOT QUALIFIED PRODUCTS UPON ANY SUCH CHANGE.
3. 3.3Selling products of others. Producer acknowledges that it may sell Products of different Local farmers or specialty food businesses so long as, for each such other person or entity, it: (a) has permission from such other person or entity to whom the Products belong; (b) enters into a written agreement with such other person or entity that flows through the applicable terms, protections, and obligations herein such that they apply to such other person or entity, and Navore is a third party beneficiary thereof; (c) provides a written disclosure to Navore prior to the offering of any such Products of other Local person or entity, and if sold includes a written disclosure to Purchasers on the product page for such Product on the Website or as part of the Services, in each case stating: (i) which Products it did not produce itself; (ii) the person or entity that produced such Products; and (iii) where all such Products were produced or grown, as applicable; (d) promptly notifies Navore and ceases selling the Products of the different Producer if any of the foregoing or information provided to Navore with respect to such arrangement is or becomes inaccurate, incomplete, or misleading; and (e) such selling Producer takes on all responsibility and liability for all of such Products under these Terms of Use, and complies with all requirements in these Terms of Use, as if it were the original Producer, grower, and seller of all such Products. No Producer shall sell Products belonging to other persons or entities unless it has all requisite rights and permissions to do so, and if it does so it will only sell such Products that are Qualified Products and in areas where such Qualified Products are considered Local due to being grown and/or produced, as applicable, in the Local area. Producer further agrees that if it sells Products belonging to other persons or entities on our Online Marketplace, that it shall be solely responsible for all such Products and warrants that the Products conform with all terms and conditions found herein and are produced and sold in accordance with all applicable laws and regulations. We shall not be responsible for any disputes that may arise between Producers or as a result of a Producer selling another person’s or entity’s Products on our Website or through our Service.
4. 3.4Delivery. Each Producer is solely responsible for arranging for delivery of all purchased Products to the applicable Purchaser, including without limitation charging any applicable delivery fee and ensuring that the purchased Product is delivered on time (whether by Producer or a third party delivery service). If any amount is charged for delivery of any Products, such amount will be clearly articulated and identified to the Purchaser prior to the completion of the transaction.
5. 3.5Compliance. Each Producer is solely responsible for ensuring, and will ensure, that its use of the Website and the Service, including without limitation its sale of Products utilizing the Website and the Service, is permitted under and fully compliant with all applicable laws and regulations. In furtherance of, and not in limitation of, the foregoing, each Producer has the sole responsibility to: (a) ensure its Products and the growth, sale, and delivery thereof (including without limitation all handling, packaging, transit, temperature controls, labels, and disclosures) comply with all applicable laws and regulations; and (b) prior to any transaction, have obtained and be maintaining in good standing all necessary licenses, permits, authorizations, and approvals to engage in such transaction. Producers should follow best practices with respect to their business, including without limitation those best practices published by leading organizations in the food and agriculture industries.
6. 3.6Disclosures. In addition to all labeling and disclosure requirements required by law, which Producer shall comply with pursuant to the foregoing Section 3.5, Producer will include in the applicable Product descriptions all of those disclosures required pursuant to Section 4.3(a) below.
7. 3.7Inspection rights. We reserve the right to inspect (and you hereby agree to allow us to inspect, upon request) you, your operations, your business, employees, officers, directors, managers, owners, and other principals at any time, including without limitation evaluating your compliance with these Terms of Use, the accuracy of any farming practices or descriptions of Products presented through the Service on our Website, and your handling of customer service with respect to transactions occurring through the Service. You agree to promptly, fully, and accurately respond to any inquiries and requests that we may have from time to time and to cooperate with any inspection that we may initiate pursuant to the foregoing and covenant not to provide any information that is misleading or incomplete. If we uncover any information, act, or omission, whether in connection with such inspection or otherwise, which constitutes, or which we believe may constitute, a violation of any applicable law, these Terms of Use, or the Privacy Policy, or otherwise constitutes a circumstance, act, or omission that we deem harmful to Navore, the Service or other Users, we may, in our sole discretion and in addition to any other rights or remedies available to us, immediately revoke your access to the Website and the Service and terminate the limited licenses otherwise provided to you pursuant to these Terms of Use. In addition, you hereby authorize us to report any activity that is, or which may be perceived to be, unlawful, to the appropriate governmental authorities.
8. 3.8Best practices. Each Producer will, with respect to its Products, follow and comply with: (a) all industry best practices applicable to the industry or Products of such Producer (including without limitation with respect to all livestock and animals, treating them well, providing them with adequate movement space, and providing access to clean air and water); and (b) all then-current policies and guidelines established by Navore from time to time with respect to best practices, required practices, or similar requirements (as required pursuant to Section 1.29).
9. 3.9Forum activities. As a Producer you agree to ensure that all content you post, upload, provide, or make accessible through or via the Forum or otherwise on the Website or through the Service is professional, respectful, compliant with all applicable laws and regulations, relevant to the applicable business purpose for which it is posted, accurate, complete, not misleading, not libelous or defamatory, and is appropriate based on the nature of the Forum. In addition to following the User Content requirements set forth in these Terms of Use (including without limitation those set forth in Section 1.11), as a Producer you will ensure that your User Content does not contain: (a) solicitations, (b) political material or content; (c) links to any material outside of the Website other than to Producer’s social media page or business website utilizing the fields specified for such information; or (d) content that is explicit, offensive, or derogatory.
10. 3.10Producer activities. Navore may (but is not obligated to), from time-to-time, provide Producers with the opportunity to participate in activities that are exclusive to Producers or which are for the benefit of Producers, which such opportunities may include, without limitation, highlighting one or more Producers or their content, hosting events allowing Producers to interact with one another or with prospective customers or business partners outside of the Forum, bringing in professionals or experts in the industry to provide guidance, advice, respond to questions, or otherwise create relevant content, or the publication of materials which reference, promote, or relate to one or more Producers or their Products. To the extent one or more Producers or third parties are involved in or participate in any such event, Navore has no responsibility for the accuracy, completeness, or legitimacy of any information or material provided by such persons or entities, and makes no representation or warranty with respect thereto.
11. 3.11Publicity. Producer hereby authorizes Navore to identify Producer as a user of the Website or Service and to identify the Producer, or information regarding Producer, in any promotional or marketing material (whether for the benefit of Producer, Users, Navore, or other persons or entities as determined by Navore). Producer hereby agrees that its name, logo, and other trademarks used by Producer or on or in connection with the Website or the Service constitute User Content and are subject to the license in favor of Navore that is set forth in Section 1.11 in these Terms of Use.
12. 3.12Returns. As described in Section 2.5, as a Producer you are solely responsible for handling refund requests related to the Products you have sold. As a Producer you agree to stand behind each of your Products and provide Purchasers with a reasonable refund (whether full or partial, based on the applicable circumstances) where your Products are not as advertised, damaged, spoiled, or not delivered in a timely manner. Each Producer must respond to any refund request or other dispute brought by a Purchaser within one (1) week of such request. Failure to respond within such period will result in an automatic refund to the Purchaser. Navore reserves the right to revoke a Producer’s access to the Website and to the Service, and to terminate the licenses provided to a Producer hereunder, if it feels, in its sole discretion, that Producer is not handling return and refund requests in a reasonable manner.
13. 3.13Indemnification. In addition to all other indemnification obligations set forth in these Terms of Use, Producer hereby agrees to indemnify, defend, and hold harmless Navore from and against any and all claims, actions, proceedings, disputes, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) Producer’s use of the Website or the Service; (b) the description and information provided by Producer with respect to any Product, including without limitation any failure by Producer to post all disclosures and all health, nutrition, and other labeling requirements applicable with respect to such Product; (c) any violation of any applicable law or regulation as a result of Producer offering any Product or any transaction involving Producer, including without limitation any failure by Purchaser to collect and remit to the appropriate governmental authority any and all taxes due with respect to any transaction; (d) any return or failure to accept any return, in whole or in part, by Producer; (e) Producer or any employee or agent thereof being found to be anything other than an independent contractor of Navore; (f) all User Content provided by or on behalf of Producer, including any content being inaccurate, incomplete, or misleading; (g) Producer’s failure to deliver any Product in the described condition or in the manner or timeframe designated with respect to such order; and (h) any dispute, claim, or proceeding arising between Producer and any third party, including without limitation any Purchaser.
14. 3.14Purchase fee and payment processor terms.
  1. (a)When a Purchaser makes a purchase from you using the Service or the Website, you agree to pay to Navore an amount equal to Navore’s then-current platform fee, which shall be a percent of the gross transaction value associated with such order (which, as of the date first set forth above, is 6.1% of the gross transaction amount). If the Purchaser elects for delivery for the order, a delivery service fee will also be charged and you agree to pay to Navore the amount of such delivery service fee. These amounts will, unless otherwise agreed to by Navore, be automatically disbursed to Navore from the third party payment processor that works with the Website and Service, however it shall be deemed to have been, and shall be treated as, a payment by Purchaser to Navore with respect to such transaction. Such amounts will be owed to Navore by you notwithstanding any chargeback, reversal, refund, or dispute or contest with respect to the transaction, and if such amount is charged back, refunded, or otherwise returned for any reason, you will promptly pay such amounts to Navore upon demand. Notwithstanding the foregoing, Navore may elect to refund all or a portion of such amounts in connection with any refund to the Purchaser for an order. Except as expressly set forth herein, all payments and charges are final and not refundable (and, for the avoidance of doubt, Producer will not receive any refund of Navore’s platform fee, whether or not Producer issues a refund to the applicable Purchaser).
  2. (b)In accepting payments through the Service or the Website, you agree to engage and utilize the payment processor selected by Navore and you agree to be bound by and subject to the terms and conditions of the merchant agreement provided or designated by such third party payment processor. Navore will have no responsibility or liability for the acts or omissions of the payment processor and such applicable merchant agreement shall be solely between Producer and such third party.
  3. (c)Notwithstanding anything to the contrary herein, Producers are not entitled to any portion of the fees charged to Purchasers for payment processing or for services provided by Navore (including without limitation service fees), and all such amounts belong solely to and will be retained by Navore and, if applicable, its payment processor.
15. 3.15Taxes and records. You shall be responsible for: (a) collection and maintenance of all records relating to transactions occurring for your business utilizing the Website or the Service, including without limitation any records necessary or appropriate for taxation purposes; and (b) the collection and payment of all applicable taxes, duties, levies, fees and similar charges imposed by any federal, state or local government entity on your use of the Website or Service, including, but not limited to, any income taxes due on the purchase or sale of Products made on the Online Marketplace. You are solely responsible for collecting and remitting to the appropriate governmental authority all such taxes, duties, levies, fees, and similar charges.
Article 4.Qualified products and required disclosures
1. 4.1Definition. It is of the utmost importance to Navore and its Users that the Products offered and sold using the Website or the Service consist solely of Qualified Products, and all Users are expressly prohibited from purchasing or selling any Product that is not a Qualified Product. For purposes hereof, “Qualified Product” shall mean those Products that are Qualified Produce, Qualified Meat Products, Qualified Seafood, Qualified Dairy and Egg Products; and Miscellaneous Products (each as defined below), however the term Qualified Product shall expressly exclude all Prohibited Products (as defined below). We reserve the right to update the definition of Qualified Product at any time. In the event of any ambiguity in whether a Product constitutes a Qualified Product, please contact us at support@navoremarket.com providing the details of the Product, and we will evaluate and provide clarification as to the classification of such Product. For purposes of the foregoing:
  1. (a)
    The term “Qualified Produce”
    means natural locally grown edible plant products (such as fruit, vegetables, and other plant products).
  2. (b)
    The term “Qualified Meat Products”
    means food products consisting of, whether raw or processed, animals or the body parts thereof, including without limitation beef, pork, goat, lamb, chicken, and other poultry.
  3. (c)
    The term “Qualified Seafood”
    means locally caught or grown edible seafood, whether raw or processed, including without limitation fish, roe, oysters, shrimp, lobster, crab, squid, octopus, and mussels.
  4. (d)
    The term “Qualified Dairy and Egg Products”
    means local sourced fresh dairy products, including without limitation milk, cream, butter, yogurt, and eggs.
  5. (e)
    The term “Miscellaneous Products”
    shall refer to those other local fresh products approved by Navore from time-to-time, including without limitation oils, jams, honey, syrup, other homegrown or locally made ingredients, and (to the extent the appropriate regulatory requirements have been met, including without limitation Cottage Food Operations or certified kitchen operations) those other consumable pantry items and other local food products within the scope of food products permitted under such regulatory requirements.
  6. (f)Navore may, from time to time, publish or make available additional details regarding what constitutes a Qualified Product, including without limitation lists of approved products that are considered Qualified Products and requirements or terms associated therewith for additional clarity and detail.
2. 4.2Prohibited products. Notwithstanding anything to the contrary herein, the term “Qualified Products” shall exclude, and under no circumstances will any Producer offer or sell using or through the Website or the Services, any Prohibited Products. For purposes hereof, the term “Prohibited Products” means: (a) no prepared hot food products; (b) no non-food items; (c) any and all alcohol; (d) medication, (e) substances that are considered controlled substances as set forth in the United States Controlled Substances Act (including without limitation cannabis, THC, shrooms, psilocybin, amphetamines, bath salts, salvia, and any other drugs or their derivatives or related products); (f) any products the sale of which requires a license or regulatory consent or approval that is not held in good standing by the applicable Producer; (g) any products that include non-natural artificial ingredients (including without limitation any artificial sugars, artificial additives, artificial diluents, artificial sodium, artificial preservatives, artificial coloring, artificial flavors, MSG, and corn syrup); (h) any produce for which any chemicals, pesticides, insecticides, herbicides, and similar treatments that have been regularly used, unless such chemicals, pesticides, insecticides, herbicides, and similar treatments are required by law; (i) any product which contains any of the foregoing. Navore may, from time to time, publish or make available additional details regarding what constitutes a Prohibited Product, including without limitation lists of products or that are considered Prohibited Products, lists of ingredients, additives, or other modifications that result in a product being considered a Prohibited Product, and requirements or terms associated therewith for additional clarity and detail.
3. 4.3Disclosure requirements. It is the intent of Navore that the Website and Service be used to facilitate the sale of Local and natural food products, and any modifications to, chemical treatment of, or other processing of any Qualified Products, to the extent not required by applicable law or to comply with industry best practices for growing or raising natural healthy product is generally discouraged (but not, at this time, prohibited). To ensure that Purchasers have an accurate understanding of the products they elect to purchase, each Producer shall clearly and in plain straight-forward language and with reasonable detail, disclose in the applicable Product description:
  1. (a)Any use of chemicals, pesticides, insecticides, herbicides, and similar treatments that have been used with respect to any Qualified Produce;
  2. (b)Any hormones or antibiotics provided to any animal that is a Qualified Meat Product or from which such Qualified Meat Product was sourced;
  3. (c)All non-natural ingredients used or incorporated in such Product;
  4. (d)With respect to any Qualified Seafood, whether such seafood products were or were not sustainably harvested;
  5. (e)With respect to Qualified Dairy and Egg Products, whether such products were created from a single farms milk (or if not, the applicable farms from which such milk was sourced);
  6. (f)With respect to all Qualified Products, any additives, diluents, sugars, syrups, dyes, or other ingredients or chemicals (whether natural or artificial) added, incorporated or mixed with or included in such Qualified Product; and
  7. (g)If the Qualified Product has been processed (including without limitation creation of jerky or similar products out of any Qualified Meat Products), all details of the processing that have been performed, each party that handled or was involved in such processing (other than the applicable Producer), and the location of each such party.