Welcome to New Roots Organics. Please read this agreement and disclaimer before signing up for New Roots Organics. This Agreement ("Agreement") is between you and New Roots Organics ("New Roots Organics") that states the terms and conditions under which you may use www.newrootsorganics.com and receive New Roots Organics. Your use of New Roots Organics, www.newrootsorganics.com or receipt of deliveries from New Roots Organics constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions, do not use www.newrootsorganics.com or New Roots Organics.
If you have any questions about this Agreement or New Roots Organics please:
License and Proprietary Rights
All Site content, design, text, graphics, and interfaces; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, New Roots Organics. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to New Roots Organics. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of New Roots Organics is strictly prohibited. You acknowledge that New Roots Organics and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading material. New Roots Organics reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from New Roots Organics.
Third-Party Information Providers and Merchants.
In the future, New Roots Organics Service may permit you to order and receive additional products, information, and services from New Roots Organics or businesses that are not owned or operated by New Roots Organics. In such instances, New Roots Organics acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. New Roots Organics makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that New Roots Organics makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
"New Roots Organics", "fresh organic produce delivered to your door" and all New Roots Organics logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of New Roots Organics or otherwise proprietary to New Roots Organics and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in New Roots Organics and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or New Roots Organics.
Access to New Roots Organics
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access New Roots Organics and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the New Roots Organics Site and with the terms of this Agreement. You represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations under it.
You acknowledge that from time to time New Roots Organics or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which New Roots Organics may undertake from time to time; or (iii) causes beyond the New Roots Organics or which are not reasonably foreseeable by New Roots Organics.
Access to New Roots Organics via website is accomplished through the use of a user-name and a password that you choose when you sign up. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of New Roots Organics with your password. You agree to notify New Roots Organics promptly of any unauthorized use of your password and you will remain liable for any use of New Roots Organics until you notify New Roots Organics of the unauthorized use of your password.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access New Roots Organics Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account info on our Web site or contact our Customer Service team. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to New Roots Organics, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. New Roots Organics uses a secure server that encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. New Roots Organics will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you New Roots Organics.
To update or correct information provided to us, please update your account information yourself by going to our site or calling us. We protect your privacy to the extent required by law. We do not share customer information with third parties.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of New Roots Organics, which includes, without limitation, use of New Roots Organics to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on New Roots Organics or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by New Roots Organics to be in conflict with the spirit or intent of this Agreement. Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF NEW ROOTS ORGANICS, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. NEW ROOTS ORGANICS, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEW ROOTS ORGANICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO NEW ROOTS ORGANICS, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH NEW ROOTS ORGANICS; NEW ROOTS ORGANICS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NEW ROOTS ORGANICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR NEW ROOTS ORGANICS. NEW ROOTS ORGANICS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER NEW ROOTS ORGANICS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "NEW ROOTS ORGANICS PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, NEW ROOTS ORGANICS, OR THE INTERNET. NEW ROOTS ORGANICS' LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH AN ACCEPTABLE SUBSTITUTE FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF NEW ROOTS ORGANICS AND TO TERMINATE THIS AGREEMENT. NEW ROOTS ORGANICS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. New Roots Organics controls and operates this Site from its headquarters in Seattle, Washington, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
Indemnification. You agree to defend, indemnify, and hold New Roots Organics Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Amendments and Notices
New Roots Organics may change this Service Agreement and give you notice of any change via email, making a post on our website, or a note in your box on day of delivery.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. New Roots Organics may suspend or terminate this Agreement or remove or disable access to any portion of New Roots Organics at any time for any reason with or without notice to you. You may terminate this Agreement and your New Roots Organics Service at any time for any reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. New Roots Organics reserves the right to collect fees and charges incurred before you cancel your New Roots Organics Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
This Agreement is your entire agreement with New Roots Organics regarding the use of New Roots Organics and the New Roots Organics Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, New Roots Organics, and New Roots Organics Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with New Roots Organics or relating in any way to your use of New Roots Organics or the New Roots Organics Site resides in the federal and state courts of Washington and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting the State of Washington in connection with any such dispute, including any claim involving New Roots Organics Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
The provisions of this Agreement are for the benefit of New Roots Organics Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your New Roots Organics Service.
New Roots Organics customers sign up online or via telephone for a weekly or every other week delivery of organic fruits and vegetables and other organic items to their home, place of work or other designated location.
The contents of your box will change week to week depending on the time of year, what we're told is looking good by our farmers and distributors. We always try to get a nice selection out to the customer.
To start receiving our service you will need to give us a valid credit card number. We accept Visa and Mastercard . It is the customer's responsibility to notify us of a change in cards or an expired card. We do not accept checks.
We will not make a delivery if you have an unpaid bill with us.
We reserve the right to bill your credit card the day before your delivery arrives for all purchases exceeding $100
We do our best to get your delivery to you before 6pm. This time may be later during inclimate weather. If you do not receive your order on your scheduled delivery day or you receive produce that does not meet your expectations (or it's missing), please contact us within 24 hours. If you do not contact us within 24 hours of your scheduled delivery, we will not be able to provide a refund/replacement to you.
Once you sign up for our service you will get a box delivered to your desired location with the frequency that you have requested until we hear otherwise from you.
Any changes to your account must be done via our website or by calling and speaking with a live person. If you need any help with our online system please give us a call at 206-261-2500.
Any changes to your order must be done by our deadlines. Once the deadline hits we are unable to make any changes to your accounts. The deadlines for deliveries are 7am the day before your delivery. If you attempt to make a change after your deadline and the website accepts it, there's a possibility that those changes won't be made and we won't be responsible.
We deliver five days a week to different areas. We will designate a day that you get delivery. If a second delivery day becomes an option in your area we'll contact you to offer you that day. We reserve the right to change your delivery day at any time with seven days notice. Notice will be given via our website and possibly an email.
There is no commitment to New Roots Organics. If you would like to cancel your account all you need to do is go on to your online account and cancel. You can also call us at 206-261-2500 and speak to a live person. All cancellations must be made by the deadline set forth by your delivery day.
There is no need for you to be home at time of delivery. Just give us a place to leave your box. If the temperature is expected to be above 65 or below 35 we ask that you leave a cooler out with an ice pack and we will transfer your produce from the box into your cooler and take the empty box back. If you do not leave a cooler out and your produce freezes or wilts we will not be held responsible. Please leave your previous weeks box out on your delivery day so we can reuse the box the following week.
We deliver to customers within a 50 mile radius of Seattle. We reserve the right to not deliver to a location. Deliveries made to offices and apartment buildings may be left with a secretary or apartment manager. We do not deliver to post office (P.O.) boxes. You must have a street address. You are responsible for getting the produce from them. We do not guarantee delivery by any hour.
We will post the menu each week at 1pm on Friday. You will receive an email on Friday alerting you that your box is ready to be viewed and that you are allowed to make substitutions.. If you are not receiving the emails please call or email us and we will do our best to remedy the situation. From time to time an item that is listed on our menu may not come in your box. This is due to the basic nature of organic produce and if an item comes in that we are not satisfied with we will turn it away and replace it with another item. If you are unhappy with the item that we have chosen to replace please let us know within 24 hours and we'll either give you extra produce in your next box or credit your account for the item.
We stand behind our product 100%. If there is ever a time that you get something in your box that you are unhappy with please lettuce know and we'll either replace that item the following delivery or give you a cash credit.
If you ever have a billing discrepancy please give us a call and we will be sure to straighten it right out.
We do billing the same day as deliveries!
Our minimum order is $29.50 of produce. We will not deliver any of our additional items if you have not ordered the personal box or a produce box of greater value.
We do our best in getting back to you in a timely manner. All emails and phone messages will be returned by the end of the next business day.
All failed credit cards will incur a .50 charge, this includes expired, lost or stolen cards. If a charge fails, your credit card will be charged every two days for two weeks. Each time the card doesn't go through you will be charged an additional $.50. All orders left unpaid after 15 calendar days will be subject to a 2.5% late fee and a 2.5% late fee on every first of the month that the order is unpaid.
Drivers are not responsible for relaying messages back to the office. The drivers are instructed to take any box back to our warehouse that the customer refuses. This does not mean you will not be charged for the box. Drivers are asked not to pick up checks.