Farm Picked for You 

Terms and Conditions

Last updated: Oct, 23th, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.farmpickedforyou.com website (the “Service”) operated by Farm Picked for You (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

ELIGIBILITY

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (c) do not have more than one Farm Picked For You account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

DESCRIPTION OF SERVICES

We make various services available on this site including, but not limited to, Home and office delivery of organic boxes of produce and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms.

REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES

You wiil need to register for a Farm Picked for You account. By creating an Account on our service, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and you agree to accept responsibility for all activities that occur under your account or password and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Farm Picked For You account, you also consent to receive newsletters, marketing or promotional materials, surveys, and other information we may send. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us.

However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating produce offerings on the Site. We may experience delays in updating information and in our advertising on other websites. The information found on the site may contain errors or inaccuracies and may not be complete or current. Produces or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

FEE CHANGES

Subscriptions are never required at Farm Picked For You. You can choose a one time purchase or opt for a weekly or bi-weekly subscription. It’s your choice.

If you decide to become a Subscriber, Farm Picked for You, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Farm Picked for You will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Farm Picked for You has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Farm Picked for You or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

ACCOUNTS AND USER CONDUCT

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

  • Use or attempt to use another user’s account without authorization from such user and Farm Picked For You;

  • Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;

  • Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;

  • Develop any third-party applications that interact with User Content or the Sites without our prior written consent;

  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or

  • Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Farm Picked for You and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Farm Picked for You.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Farm Picked for You

Farm Picked for You has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Farm Picked for You shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Farm Picked for You and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

LIMITATION OF LIABILITY

In no event shall Farm Picked for You, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Farm Picked for You its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Farm Picked For You relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without the prior written consent of Farm Picked For You. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Farm Picked For You’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

CONTACT US OR NOTICES

If you have any questions about these Terms, please contact us.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service

You can reach us by phone at 786 571 9401, or via email at info@farmpickedforyou.com

Standard mail:

FarmPickedForYou

2.200 N Commerce Parkway # 211

Weston, Florida, 33326

CONTACT US OR NOTICES

If you have any questions about these Terms, please contact us.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service

You can reach us by phone at 786 571 9401, or via email at info@farmpickedforyou.com

Standard mail:

FarmPickedForYou

2.200 N Commerce Parkway # 211

Weston, Florida, 33326

TERMS and conditions OF SALE

SALE AND PURCHASE OF GOODS: Farm Picked For You hereby agrees to sell, and You hereby agree to purchase goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.

If you wish to purchase any product made available through the FarmPickedForYou site, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

Subscriptions are never required at Farm Picked For You. You can choose a one time purchase or opt for a weekly or bi-weekly subscription. It’s your choice.

CONTINUOUS SUBSCRIPTIONS:

IF YOU OPT TO REGISTER FOR A FARM PICKED FOR YOU SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) FARM PICKED FOR YOU (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY OR BY-WEEKLY BASIS FOR YOUR FARM PICKED FOR YOU SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR FARM PICKED FOR YOU SUBSCRIPTION CONTINUES, AND (B) YOUR FARM PICKED FOR YOU SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE ON YOUR MANAGE ACCOUNT PAGE.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Farm Picked for You cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Farm Picked for You customer support team.

PRICES AND PAYMENT TERMS

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific produce items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at : info@farmpickedforyou.com.

When you subscribe to your Farm Picked For You, you are agreeing to pay the total subscription price for the mix of items included in that delivery. The items originally chosen for your farm picked for you box (subscription produce items) add up to total your subscription price.

If you add extra produce items and go over your subscription price, you will pay the displayed at “checkout” price. The extra produce items will be added to your purchase amount.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Farm Picked for You with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Farm Picked for You to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Farm Picked for You will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

CANCELLATION POLICY.

IN ORDER TO CANCEL YOUR FARM PICKED FOR YOU SUBSCRIPTION, ON OR BEFORE 12 AM EST SEVEN DAYS PRIOR TO YOUR DELIVERY, YOU MUST EITHER EMAIL US AT INFO@FARMPICKEDFORYOU.COM, OR CALL US AT 786 – 571 9401.

YOU CAN ALSO CANCEL YOU SUBSCRIPTION AT ANY TIME WITHIN THREE BUSINESS DAYS OF YOUR SIGNING UP FOR THE SUBSCRIPTION.

ANY FARM PICKED FOR YOU ORDER THAT HAS A DELIVERY DATE WITHIN THIS SEVEN DAY WINDOW HAS BEEN PROCESSED AND CANNOT BE CANCELLED, AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR FARM PICKED FOR YOU SUBSCRIPTION.

In the event you cancel your Farm Picked For You Subscription, please note that we may still send you promotional communications about Farm Picked For You, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

DELIVERY

You should inspect your package to ensure the contents arrive in a cool, refrigerated condition. All damage or missing box reports must be made within 24 hours of your FarmPickedForYou delivery. FarmPickedForYou may require a detailed explanation of damaged product, return of the damaged product and or photographs before making any credit, or adjustment to your FarmPickedForYou account. All damage issues need to be addressed to our customer service email : info@farmpickedforyou.com

If you are not home when a delivery arrives, the delivery company will be leave the package for you at your door.  By becoming a FarmPickedForYou subscriber you are authorizing FarmPickedForYou to leave your delivery at your door, or allowing a doorman to accept the delivery on your behalf. We use refrigerated shipping solutions to maintain the quality and integrity of your products during summer months. However to do this, we recommend that you immediately refrigerate or freeze perishable items.  Ultimately you as the consumer are the main maven of your FarmPickedForYou freshness.

In such cases of :  a doorman, a neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you.  If we are unable to reach you for any reason, the order will be left at your door. We are not responsible for missing or stolen packages, but we apply our best efforts in tracking to assure to the best of our ability the safe delivery to the rightful owner.

Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.  In cases in which you have designated an alternative receiver, such person shall accept the meals under all of the same terms and conditions that would apply had you accepted the delivery yourself.

We do not accept return shipments, you as a customer would still be responsible for the full price of the shipment should you reject delivery. In the case of extended transit delays please be sure to accept the delivery, we will be unable to file any claims on your behalf for damaged items if you reject the delivery

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.

RETURN AND REFUNDS

Certain refund requests may be considered by Farm Picked for You on a case-by-case basis and granted in sole discretion of Farm Picked for You.

If you are dissatisfied with any product, please contact us at info@farmpickedforyou.com within 24 hours of your delivery and, depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit or refund

LIMITED WARRANTY

We guarantee our produce 100% and will issue a refund or replacement in the next order for any piece of produce that isn’t great. Must be made within one week of delivery. The warranty shall last for 1 week. The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

We undertake no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.

YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

WE (INCLUDING SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF WE OR ANY OF THE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL WE OR ANY AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF WE OR ANY AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.