Terms & Condition

By using the Mike’s Organic Delivery (aka MOD) website and service, you agree to the following:

1. Price and Availability. Price and availability of products are subject to change without notice. We reserve the right to make product substitutions of “like kind” provided it is of equal or greater value. If any “like kind” substitution is unacceptable to you, we will refund the original item price. If a substitution is deemed by MOD to be materially different, we will call you in advance to confirm its acceptance by you or if no “like kind” substitution is available we will refund the item price via the same method you paid with. As always, if you are not satisfied for any reason with an item purchased through MOD, you may return it and it will be refunded or credited against your next order.

2. Unattended Delivery. MOD is not responsible for unattended deliveries or if an inaccurate delivery instruction was given on the checkout form. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. MOD reserves the right to refuse to leave an order unattended if the MOD Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason. MOD is not responsible, and you agree not to hold MO or its employees responsible, for any damage or theft that occurs to an unattended delivery.

3. No Access. If MOD cannot deliver your order because of no access to the premises, no one being home, or inaccurate delivery instructions, you will be charged in full for your order. MOD will make every effort to reach you by phone when trying to deliver. Mike’s Organic Delivery’s liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

4. Third Party Information Providers and Merchants. MOD may permit you to order and receive products, information and services from businesses that are not owned or operated by MOD. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. MOD does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the MOD Service. All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties and unless specifically stated, MOD does not vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.

5. Fees, Payment and Access. 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, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current MOD checkout form. If you fail to pay any fees or charges when due under the MOD fee schedule (which includes returned checks, electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), MOD may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that MOD may incur in its efforts to collect any unpaid balances from you. MOD reserves the right to establish a credit limit for your account. Your right to use the MOD Service is also subject to limits established by your credit card issuer.

6. Changes in Agreement. Fee Schedule or MOD Service. MOD may at any time change any of the terms of this Agreement or the MOD fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the MOD Service. Your use of the MOD Service will be conclusively deemed as acceptance of these terms of service. MOD may discontinue or revise any or all aspects of the MOD Service without prior notice to you.

7. Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE MOD SERVICE, MIKE’S ORGANIC DELIVERY AND THE INTERNET SITE MIKESORGANICDELIVERY.COM IS ENTIRELY AT YOUR OWN RISK. THE MOD SERVICE, MIKESORGANICDELIVERY.COM AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOD DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY MIKESORGANICDELIVERY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MIKESORGANICDELIVERY.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER MOD NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND

CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE MOD SERVICE, MIKESORGANICDELIVERY.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH MOD. MOD’S LIABILITY IS LIMITED TO CREDITING

YOUR ACCOUNT FOR PRODUCTS SOLD BY MOD AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The material and products on mikesorganicdelivery.com is provided for lawful purposes only. MOD

controls and operates mikesorganicdelivery.com from its headquarters in Greenwich, CT, USA and makes no representation that these materials and products are appropriate or available for use in other locations. If you use mikesorganicdelivery.com from other locations, you are responsible for compliance with applicable local laws.

8. Indemnification. By using the MOD website, you agree to defend, indemnify and hold MOD and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.

9. Termination. MOD may suspend or terminate your access to the MOD Service at any time for any reason with or without notice to you. You may terminate your MOD Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your MOD Service for any reason, you will not be entitled to a refund of any fees. MOD reserves the right to collect fees and charges incurred before you cancel your MOD Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

10. Privacy and Security. Your privacy is very important to MOD. MOD uses Paypal, and SSL to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in a secure data center. MOD does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the MOD Service or as described below.

(a) Aggregated Information. MOD may use aggregated information regarding its customers and usage of the MOD Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

(b) Third Party Service Providers. MOD may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

(c) Sale of Business. MOD may transfer Customer Registration Data and other personal information in connection with the sale of MOD or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

(d) Enforcement of Agreement or Compliance with Law. MOD may use or disclose personal information when MOD believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of MOD or its users or to comply with the law.

11. Notices. MOD may give notice to you of a change in this Agreement, a change in the MOD Fee Schedule, and any other matter by general posting on mikesorganicdelivery.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to MOD by telephone (203-832-3000), by electronic mail or by conventional mail (as specified in the “Contact Us” section of Mikesorganicdelivery.com).

12. Legal and Miscellaneous.

(a) This Agreement states your entire agreement with MOD regarding the use of the MOD Service and mikesorganicdelivery.com. 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.

(b) 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.

(c) This Agreement shall be governed by the laws of the State of Connecticut. You expressly agree that exclusive jurisdiction for any claim or dispute with MOD or its Associates or relating in any way to your use of the MOD Service and Mikesorganicdelivery.com resides in the courts of Connecticut, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Connecticut in connection with any such dispute.

(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen.

(e) Sections 7 and 8 of this Agreement are for the benefit of MOD and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this

Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your MOD service.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL MOD CUSTOMER CARE AT 1-203-832-3000