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Terms and Conditions

Hawthorne Food Company

Terms of Use

Revision Date: March 28, 2019 For more information or if you have any questions about these terms of use, please contact us at info@esprovisions.com.
  1. Acceptance of Terms of Use
These terms of use are entered into by and between You and Hawthorne Food Company, a Delaware corporation (the “Company”, “we” or “us”). These terms of Use (the “Terms of Use” or “Agreement”) govern your access to and use of our websites located at www.esprovisions.com and our social media accounts (collectively, the “Site”). Please read this Agreement carefully before you start to use the Site. By (i) accessing, browsing, subscribing to, and using the Site, you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Use, and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site. Our Site is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions (collectively, the “US”). By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. The contents of the Site are protected by law, including, but not limited to, United States copyright law and international treaties. The Site is controlled and operated by Company from its offices within the United States.  We can’t guarantee or make any representation that the Site are appropriate or available to those who reside outside the US. If you choose to access and use the Site outside of the US, you do so on your own initiative and are responsible for compliance with all applicable local laws.
  1. Changes to the Terms of Use
By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. At any time, we may revise this Agreement by updating these Terms of Use and posting them on the Site. However, changes to the dispute resolution procedures described in this Agreement (in the sections entitled Governing Law and Jurisdiction) will not apply to any disputes for which the parties to a dispute have actual notice before the date of the change to the Site.
  1. Accessing the Site, Registration, Accounts, and Passwords
We reserve the right to change or remove the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Some portions of the Site require you to provide certain account registration details (your “Account Credentials”). It is a condition of your use of the Site that all the information you provide in your Account Credentials is correct, current, and complete. This includes information you provide to our third-party providers, such as Stripe, PayPal, our purchase delivery partners, or other similar third-party providers. You are solely responsible for: (i) maintaining the confidentiality of your Account Credentials; and (ii) all use of your Account Credentials, whether authorized by you or not. You must:
  • make your own arrangements to have access to the Site (such as obtaining internet access and a mobile connected device);
  • ensure that all persons who use access the Site through your internet connection are aware of these Terms of Use and comply with them;
  • treat your Account Credentials as confidential;
  • notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security;
  • exit from your account at the end of each session; and
  • 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.
We may terminate your access to the Site if we learn that you have provided us with false or misleading Account Credentials. You agree that all information you provide to register with the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you fail to comply with these Terms of Use, we cannot and will not be liable for any loss or damage you incur as a result.
  1. Payment
We use a third-party service provider (such as Stripe or PayPal) to process payments for purchases made through the Site. When you pay for a purchase, you will leave the Site and complete your purchase on this service provider’s site. Your payment transaction is governed by the privacy policy of our service provider, so read their privacy policy carefully. You agree to provide accurate and truthful payment processing information, and to update that information if it changes. If you provide payment information, you also represent and warrant that you are authorized to use that method of payment. We may charge delivery fees and we will use reasonable efforts to inform you of that before you purchase from us. We may issue refunds for purchases or fees, in our sole discretion.
  1. Use Restrictions and Intellectual Property
All content on the Site (“Company Content”) is owned by us, our licensors, or affiliated third party providers (collectively, and individually, “Company Content Providers”). All Company Content and all content owned by our Company Content Providers is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by us, or by our affiliates or licensors. Do not use them without obtaining our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Regarding copyright and intellectual property protection, you  agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You may use the Site only as permitted by law.
  1. Prohibited Uses of Our Sites
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, usernames, or passwords associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Termination of Your Account
In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Site, (ii) any violation of these Terms of Use, or (iii) tampering with the Site. You may terminate your account for any reason by emailing us at info@esprovisions.com. If you do so, the Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site. Termination, suspension, or cancellation of your access rights to the Site shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
  1. Disclaimer of warranties
YOU AGREE THAT THE USE OF THE SITE SHALL BE AT YOUR OWN RISK.  THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.  INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  ALL INFORMATION IS PROVIDED BY COMPANY ON AN “AS IS” BASIS ONLY.  COMPANY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK.  COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.   AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.  COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE.  COMPANY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.
  1. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.  YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  1. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its 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 your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
  1. governing law and dispute resolution
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Delaware (without giving effect to its conflict of laws principles).  The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution.  All mediation or any other form of dispute resolution shall exclusively take place in Boston, Massachusetts and the parties irrevocably waive any objection to such venue. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  1. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  1. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to: Hawthorne Food Company, d/b/a Eastern Standard Provisions Company, Attn: Bill Deacon, 528 Commonwealth Avenue, Boston, MA 02215 (in the case of the Company) or to the email address you provide to the Company during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.   © 2019 Hawthorne Food Company
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