Last updated: September 2018

Welcome to our website. Thank you for your interest in our company and products.

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the https://badapple.deliverybizpro.com (the “Site”) operated by Bad Apple Produce, LLC, a limited liability company formed under the laws of the State of New Jersey (hereinafter “Bad Apple”).

By accessing and/or using this website (“Site”), you acknowledge that you have read and understood and agree to be bound by the Terms outlined below and to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this website. These Terms apply to all visitors, users and other who access or use the Site.

Bad Apple makes no representations that materials in this website are appropriate or available for use in your location. Those who choose to access this site from other locations (outside of the United States) do so on their own initiative and are responsible for compliance with applicable local laws.

License

You are granted a non-exclusive, revocable, and limited license to access and use this Site and its content in accordance with these Terms. This Site is not intended for users under the age of 13 and no identifying information should be submitted for persons under 18 years of age.

Termination, Modification and Cancellation

Bad Apple reserves the right to change, modify and/or otherwise alter the Terms at any time and within Bad Apple’s sole discretion. Your continued use of this website means that you accept those changes.

Bad Apple may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.

Privacy and Security

Bad Apple will use the information provided by you and/or collected about you as described in the Privacy Statement. The Privacy Statement is hereby incorporated by reference into these Terms. Bad Apple reserves the right to monitor and investigate all use of this Site, without notice, for violations of the law or Terms.

Content

This web site is intended for your personal, non-commercial use only. By using this site, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any information accessed through this web site.

All Content is protected by copyright under United States laws. The title to the Content remains with Bad Apple. Any unauthorized use of the Content not expressly permitted is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Bad Apple. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Customer Orders

After Users sign up for Bad Apple and place an order through the site, they will receive a confirmation e-mail acknowledging the order and providing further information regarding shipping. This e-mail will serve as an official confirmation (the “Confirmation”). If Users do not receive an e-mail regarding the order, the order has not yet been officially accepted. Bad Apple offers recurring orders at various intervals, which can be placed through the Site. By submitting a recurring order, the User understands that they will be charged periodically without any further authorizations from the User. User may stop recurring orders by contacting Bad Apple and cancelling their recurring order by 3:00 PM EST at least four (4) days before the next scheduled delivery. User will be charged for any shipped order or if User fails to cancel before the deadline listed in the previous sentence.

Prices and Payment

All applicable ranges for prices and shipping are listed and updated periodically on Bad Apple’s Website. Due to changes in product pricing and available goods, subscription boxes and prices will change week to week.

The options for subscription boxes are as follows:

  1. “Trust Us” Box: the components of this box will change week to week at the sole discretion of Bad Apple. The price will always fall between the range reported on the website less taxes and delivery.
  2. “You Pick” Box: Bad Apple will set default items, but you as the customer will be able to fully customize the components from a list of thirty plus (30+) options that will change week to week. If an item is on the list from one week to the next, the price may change with fluctuating market conditions. If User does not customize the box within the given time frame, they will receive the default options with default pricing.

Bad Apple accepts credit card payments and reserves the right to suspend or cancel any order if the credit card on file becomes invalidated.

Refunds

To request a refund, Customers should e-mail support@badappleproduce.com with a detailed description of the issue, and images of the problem, if applicable. Bad Apple will review the documentation provided and issue partial or full refunds, as appropriate in Bad Apple’s reasonable discretion.

Warranty

Bad Apple warrants that any product purchased through the Bad Apple Site will match its description upon delivery. All products will be of an acceptable quality and fit for the purpose of which they were purchased.

Bad Apple warrants that the produce supplied to Customers will be of good quality and fit for consumption. The produce may have a different appearance than produce displayed at a grocery store due to the nature of the service, but the produce will have the same acceptable quality and shelf-life. If the appearance is related to the quality, Bad Apple will review the provided documentation and issue a refund in their reasonable discretion.

Bad Apple acknowledges that some products may be perishable, and to maintain integrity of the product, User must refrigerate or freeze the product upon delivery or risk spoliation. Users are responsible for inspecting products upon delivery.

Force Majeure Events

Should an event occur which is outside the control of Bad Apple such as a hurricane, earthquake, flood, etc. which makes it impossible for Bad Apple to deliver products, Bad Apple shall not be held liable for its inability to perform any obligations.

User Submission

Users may submit content to certain portions of the Bad Apple Site. When submitting content, you agree not to upload any content of any type that that infringes or violates any rights of any party. You may not impersonate anyone in any submission and may not mislead anyone as to the source of any content. You are solely responsible for any content that you post on this Site. When submitting content to any public part of the site, you agree that such submission is non-confidential for all purposes. Bad Apple reserves the right to screen, remove, or edit any such content, but is under no obligation to do so. Under no circumstances will Bad Apple be liable for any content posted by any user of the Bad Apple Site or any damage caused by the posting of such content.

When you submit content to the Bad Apple Site or submit information via email, including, but not limited to business ideas, you agree that such submission in not confidential. By submitting any such material or ideas you automatically grant Bad Apple and its affiliates royalty-free, worldwide, non-exclusive, perpetual, fully sub-licensable and irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such content in any media, as well as the right, but not obligation, to use your name in connection with such content.

By submitting content you also agree that Bad Apple may keep records listing you as the source of content, and any information related to your posting of the content, and may disclose such information at our sole discretion, including, without limitation, in order to comply with the law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such content violates the rights of any third party, to respond to customer service requests, or to assist in the protection of any person.

User Name and Passwords

Bad Apple provides Customer information to third-parties for the purpose of providing Customer services, such as packaging or delivery or for enhancing Bad Apple’s services. Bad Apple will never sell your information to a third-party for any purpose.

Your Account is a service that allows you to record limited amounts of information on a voluntary basis on servers maintained by Bad Apple or on its behalf. Your Account is structured to allow access only to visitors with a valid Username and Password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Bad Apple Username, Password or Account.

It is your sole responsibility to:

  • Control the dissemination and use of your Bad Apple Username and Password;
  • Authorize, monitor and control access to and use of your Bad Apple Username, Password and Account;
  • Promptly inform Bad Apple of any need to deactivate a Username and Password.

You grant Bad Apple and all other persons or entities involved in the operation of the Bad Apple Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Bad Apple cannot and does not assume any responsibility or liability for any information you submit, including to your Account, transmitted or received using Bad Apple tools and services.

Member Areas

"Member Areas" are defined as those portions of the Site, including but not limited to Forums, which are accessible only by those to whom Bad Apple has issued a Username and Password.

If you use a Forum or other Member Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Member Areas. Bad Apple is not responsible for the consequences of any communications in the Member Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your licensed health practitioner, physician or 911 immediately.

In consideration of being allowed to use the Member Areas, you agree that the following actions shall constitute a material breach of these Terms:

  • Using a Member Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bad Apple in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Member Area or the Site, or which, in the judgment of Bad Apple, exposes Bad Apple or any of its customers or suppliers to any liability or detriment of any type; or
  • Posting identifiable patient information.

Bad Apple reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in any area of the Site;
  • Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
  • Terminate a user’s access to any or all Member Areas and/or the Bad Apple Site, with or without cause, at the sole discretion of Bad Apple;
  • Monitor, edit, or disclose any communication in the Member Areas; and
  • Edit or delete any communication posted on the Bad Apple Site, regardless of whether such communication(s) violate these standards.

Bad Apple reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Bad Apple has no liability or responsibility to users of the Bad Apple Site or any other person or entity for performance or nonperformance of the aforementioned activities. Bad Apple will terminate access to the Site of anyone who repeatedly violates these Terms.

External Links

While we try to include links only to sites that we deem to provide appropriate and relevant information for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply Bad Apple endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

Disclaimer

THIS SITE AND THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. BAD APPLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AS TO THE OPERATION OF THE SITE AND THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BAD APPLE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT WILL BAD APPLE BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF BAD APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, Bad Apple and its suppliers make no representations or warranties about the accuracy, reliability, completeness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Bad Apple Site or Bad Apple’s products.

The use of the Bad Apple website and the Content is at your own risk.

During your use of the Bad Apple website, information will be transmitted over a medium that may not be under the control and jurisdiction of Bad Apple and its suppliers. Accordingly, Bad Apple assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Bad Apple Site.

IN NO EVENT SHALL BAD APPLE, ITS LICENSORS OR ITS SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS, RESULTING FROM THE USE OF OR INABILITY TO USE THE BAD APPLE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (including negligence), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAD APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAD APPLE IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY THE USE OR MISUSE OF THE SITE OR THE CONTENT. YOU AGREE THAT THE LIABILITY, IF ANY, OF BAD APPLE OR ITS SUPPLIERS OR LICENSORS, ARISING OUT OF ANY KIND OF LEGAL CLAIM CONNECTED WITH THE SITE OR THE CONTENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO BAD APPLE FOR USE OF THE SITE.

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions

Release, Waiver and Covenant Not To Sue

You hereby release and discharge Bad Apple, its affiliates, parents, subsidiaries, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Bad Apple (“Affiliates”), from any and all liability associated with your use of the Site to the fullest extent allowed by law.

This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under any statutes or common law principles of similar effect. You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Bad Apple for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.

Indemnity

You agree to defend, indemnify, and hold Bad Apple, its directors, officers, employees, contractors, agents, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, loss, cost, injury and damage, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from your negligent or intentional acts or omissions, or from your violation of these Terms.

General

Bad Apple is based in the United States of America. Bad Apple makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Bad Apple Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Bad Apple, or in any way relating to your use of the Bad Apple Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Bad Apple or its directors, officers, employees, agents, contractors, suppliers, telecommunication providers, and content providers.

These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles.

Severability

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Bad Apple Site, these Terms and the Bad Apple Privacy Policy and Agreement constitute the entire agreement between you and Bad Apple with respect to the use of the Bad Apple Site, and Content.

No waiver or modification of these Terms shall be valid unless in writing and accepted by each party, notwithstanding and subject to termination, modification or cancellation on behalf of Bad Apple as described in these Terms. The waiver of, delay to, or failure to enforce a breach of any term hereof shall in no way be construed as a future waiver of that term or a waiver of any other term or breach hereof.

THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND BAD APPLE. IF YOU DO NOT AGREE TO THESE T&C, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.

Thank you for your cooperation. We trust you will find the Bad Apple Site helpful and convenient to use. If you have any suggestions, questions or comments regarding this Site, please contact us via email at support@badappleproduce.com.

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