Terms & COnditions
Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to Great Lakes Growers Express website. This website, located at www.greatlakesgrowersexpress.com (“the Site”) is published, owned, and operated by Great Lakes Growers, its affiliates, and related entities (“Great Lakes Growers,” the “Company,” “we,” “us,” and “our”). These Terms and Conditions (“Terms and Conditions”) govern your access to and use of the Site.
By accessing, browsing, submitting information to, using the Site, and/or placing an order, you agree and acknowledge on your own behalf (referred to throughout the Terms and Conditions as “you”) that you have read, understand, and agree to be bound by these Terms and Conditions and to comply with all applicable laws, regulations, and/or directives. If you do not agree to these Terms and Conditions, please do not use the Site.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Purpose of the Site
The Site is provided for informational purposes as well as to facilitate sales of fresh herbs, lettuce, and other produce through a home delivery service. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
Use of the Site
Great Lakes Growers grants you a non-exclusive right to access and use the Site and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Site shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Great Lakes Growers to use the Site for commercial purposes. You agree to use the Site only for lawful purposes, comply with all rules governing any transactions on and through the Site, and comply with all applicable laws.
Changes to these Terms and Conditions
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site. The effective date of any Terms and Conditions will be reflected in the “Last Revised” and “Effective Date” entries at the top of these Terms and Conditions.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Great Lakes Growers Express Billing
Billing will occur the same Tuesday your product is harvested and shipped. We will then charge your card each and every time we ship your order in accordance with the subscription plan you chose when you signed up for service (ie. every two weeks or weekly).
If you wish to cancel, you can do so at any time by contacting us at GLGExpress@greatlakesgrowers.com. However, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations may not impact any order for which you have already been delivered, depending on the state of the order.
Great Lakes Growers may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance
Credits and Refunds
If you are not satisfied with your produce for any reason, please contact our customer service team at GLGExpress@greatlakesgrowers.com. You must report your issues within two (2) days of the meal being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that delivery. We may require the return or photo documentation of produce that you are not satisfied with before we make a credit or refund.
We do not charge shipping on any of our online orders. We reserve the right to change this policy at any time.
We use the third-party carrier UPS to deliver your food packages. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we will require pictures on any disputed delivery. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide our customers one courtesy replacement shipment per year.
User Account Responsibility
If you are given or create a password to access the Site, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify Great Lakes Growers immediately of any unauthorized use of your account. Great Lakes Growers is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
You agree that you will not
- Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site;
- Attempt to gain unauthorized access to any Site account, computer systems or networks associated with Great Lakes Growers or the Site;
- Obtain or attempt to obtain any materials or information through the Site by any means not intentionally made available or provided by Great Lakes Growers;
- 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;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate Great Lakes Growers, a Great Lakes Growers’ employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Notice and Consent to Receipt of Text (SMS) Messaging, Phone Calls, and Emails
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Great Lakes Growers can reach you with informational calls related to your transactions. We may send out email communications containing information regarding your order(s) as well as marketing and promotional materials.
Not all mobile devices or handsets may be supported by this service. Great Lakes Growers and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges, and fees you incur from your service or device provider as a result of choosing to receive such messages from Great Lakes Growers.
Links from the Site
If the Site contains links to other sites (“Linked Sites”) and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Linked Sites are not under the control of Great Lakes Growers, and Great Lakes Growers is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Great Lakes Growers is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Great Lakes Growers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Great Lakes Growers of the site or any association with its operators.. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions for such websites. You are solely responsible for any dealings with third parties who support Great Lakes Growers or are identified in the Site, including any delivery of and payment for goods and services.
Great Lakes Growers Intellectual Property
The Site and Content are copyrighted as a collective work under the laws of the United States and other copyright laws. The Site and Content are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Great Lakes Growers holds the copyright in the collective work. The collective work includes works which may be property of other members. You are not permitted to use the Site or Content in any manner, except as expressly permitted by Great Lakes Growers in these Terms. The Site or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast or create derivatives without the express written consent of Great Lakes Growers or applicable owner. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 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 Great Lakes Growers. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Great Lakes Growers name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Great Lakes Growers. or its affiliates or licensors. You must not use such marks without the prior written permission of Great Lakes Growers. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use, on the Site. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Great Lakes Growers or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
United States Only
Great Lakes Growers is based in the state of Ohio in the United States. Use of the Site is only available to users who are eighteen (18) years of age or older and reside in the United States, or its possessions AND territories. Great Lakes Growers makes NO claims that the Site OR ANY of its content is accessible from outside the United States. Access to the Site may not be legal by certain persons or in certain countries. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
ALL INFORMATION OR SERVICES PROVIDED BY GREAT LAKES GROWERS TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND. GREAT LAKES GROWERS AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, GREAT LAKES GROWERS AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT GREAT LAKES GROWERS AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER GREAT LAKES GROWERS NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. GREAT LAKES GROWERS FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT GREAT LAKES GROWERS, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST GREAT LAKES GROWERS FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE SITE AND/OR CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GREAT LAKES GROWERS OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS DAMAGES FOR HEALTH-RELATED ISSUES, LOSS OF GOODWILL, WORK STOPPAGE) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, OR THE CONTENT, DATA, OR INFORMATION ACCESSED VIA THE SITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE. REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF GREAT LAKES GROWERS OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES. BY ACCESSING THE SITE SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold Great Lakes Growers, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Termination and Restriction of Access
In its sole discretion, Great Lakes Growers may terminate or suspend your access to the Site for breach of these Terms and Conditions. Great Lakes Growers shall not be liable for any losses or damages arising from any such termination of service.
At its sole discretion, Great Lakes Growers may require you to submit any disputes arising from use of the Site, or breach of these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Site, you hereby consent to submission for any dispute to be final and binding arbitration.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms and Conditions 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.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Geauga County, Ohio in all disputes arising out of or relating to the use of the Site.
Great Lakes Growers may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Great Lakes Growers as a result of these Terms and Conditions or use of the Site. You may not assign these Terms and Conditions without the prior written consent of Great Lakes Growers in all instances. Great Lakes Growers may assign these Terms and Conditions, in whole or in part, at any time. Great Lakes Growers’ performance of this agreement is subject to existing laws and legal processes, and nothing contained in these Terms and Conditions is in derogation of Great Lakes Growers’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Great Lakes Growers with respect to such use.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Company Contact Information
Questions can be directed to us at GLGExpress@greatlakesgrowers.com.