1. Limitation of Warranties and Remedies

SELLER MAKES NO WARRANTY EXTENDING BEYOND THE DESCRIPTION OF THE PRODUCTS ON THE FACE THEREOF. Subject to the preceding sentence, SELLER SPECIFICALLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED REGARDING PRODUCTS IT SELLS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, and the Buyer assumes all risk and liabilities for the use or consumption of any product(s) it purchases from Seller, whether used or consumed singly or in combination with other products.

NO CLAIM OF ANY KIND, WHETHER AS TO PRODUCTS SOLD, DELIVERED OR FOR NONDELIVERY OF PRODUCTS, SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH SUCH DAMAGES ARE CLAIMED, and failure to give notice of a claim within 90 days from date of delivery, or the date fixed for delivery, shall constitute a waiver by Buyer of all claims in respect to such products. THE REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER; ANY RIGHT OF BUYER TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITVE DAMAGES IS HEREBY EXPRESSLY EXCLUDED.

2. Terms of Payment

Fees, Payment and Access. Buyer is responsible for, and agree to pay promptly, all charges to Buyers account and purchases by Buyer or anyone the Buyer allows to use Buyer’s account number, including Buyer’s family, friends or other customers. Fees and charges will be assessed in accordance with the then current Seller fees. If Buyer fails to pay any fees or charges when due (which includes returned checks and electronic payment rejection), Seller reserves the right to suspend Buyer’s service. Buyer shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Seller may incur in its efforts to collect any unpaid balances from Buyer. Seller reserves the right to establish a credit limit for Buyer’s account.

Changes in Agreement, Fee Schedule or Crescent Ridge Service. Seller may at any time change any of the terms of this Agreement or Seller’s fees, including, but not limited to, the amount of, or basis for determining, any fees or charges for the Crescent Ridge Service. If Seller makes material changes to this Agreement, Seller will provide notice to Buyer in writing. Buyer’s use of the Crescent Ridge Service after any such change will be conclusively deemed acceptance of such change. Seller may discontinue or revise any or all aspects of the Crescent Ridge Service without prior notice to Buyer. Price and availability of products are also subject to change without notice. If any change is unacceptable to the Buyer, the Buyer may cancel Buyer’s Crescent Ridge Service and terminate this Agreement.

Seller reserves the right, among other remedies, either to cancel this contract or suspend further deliveries under it in the event Buyer fails to fulfill the terms of payment for products delivered. In addition, Seller reserves the right to decline to make further deliveries except upon receipt of cash or satisfactory security.

3. Terms of Delivery 

Delivery Service.

Seller’s employees, agents or designees will deliver grocery orders placed with the Crescent Ridge Service. Delivery will be made to the delivery address that Buyer specifies when Buyer places Buyer’s first order. Payment for groceries and associated shopping and delivery fees is due 7 days from the time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Seller cannot deliver Buyer’s order, due to circumstances at the home that Seller considers unsecure, and must make an additional delivery, Buyer will be assessed an additional fee. If Buyer is not satisfied for any reason with an item purchased through the Crescent Ridge Service, Buyer may return it and it will be credited against the Buyer’s next Crescent Ridge order. Seller’s liability for missing a delivery is limited to delivery at a later agreed time at no additional charge. 

Seller is not responsible, and Buyer agrees not to hold Seller or its employees responsible, for any damage or theft that occurs to an unattended delivery. Seller reserves the right to refuse to leave an order unattended if the Seller’s Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

4. Termination

Seller may suspend or terminate its agreement to sell products to Buyer at any time for any reason with or without notice to Buyer. Buyer may suspend or terminate its agreement to purchase products from Seller with adequate notice. If Buyer terminates its agreement to purchase products in accordance with this agreement, Buyer shall be responsible for the payment of all costs and expenses associated with the cancellation of this agreement and Buyer’s purchases including, but not limited to, the full cost of products delivered to Buyer prior to the effective date of termination of this agreement as specified in Buyer’s written notice, any charges incurred by Seller from third-party vendors supplying products to Seller for purposes of sale to Buyer prior to the effective date of Buyer’s termination of this agreement, and any other direct, indirect or consequential damages Seller incurs as a result of Buyer’s termination of this agreement.

5. Additional Terms

This document contains the entire agreement between Seller and Buyer, and sets forth all the terms and conditions with respect to the sale and purchase of the products. No modification of these terms and conditions shall be of any force unless such modification is in writing signed by both parties.

It is mutually agreed by Seller and Buyer that this agreement shall be construed under the laws of the state of Massachusetts.

Seller shall not be liable as a result of delay in performance or non-performance of this agreement, directly or indirectly caused by fire, explosion, accidents, flood, labor trouble, shortage, war, act of or authorized by any government, inability to obtain suitable or necessary product, equipment, fuel, power or transportation, or act of God or arising from contingencies, happenings or causes beyond the control of the Seller. 

The failure of any party to enforce its rights under 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 Massachusetts without regard to its conflict of laws rules. Buyer expressly agree that exclusive jurisdiction for any claim or dispute with Seller or its Associates or relating in any way to Buyer’s use of the Crescent Ridge Service or crescentridge.com resides in the courts of Massachusetts, and Buyer further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Massachusetts in connection with any such dispute.

Indemnification.  Buyer agrees to defend, indemnify and hold Seller and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by Buyer or through use of Buyer’s account.

7. Privacy Statement

Privacy and Security. The Buyer’s privacy is very important to the Seller. Once Seller receives Buyer’s account information, it is stored in a secure data center. The Seller 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 Crescent Ridge Service or as described below.

(a) Aggregated Information. Seller may use aggregated information regarding its customers and usage of the Crescent Ridge 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. Seller may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

(c) Sale of Business. Seller may transfer Customer Registration Data and other personal information in connection with the sale of Crescent Ridge or the sale or transfer of its business operations in Buyer’s geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until Buyer’s 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. Seller may use or disclose personal information when Seller believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Seller or its users or to comply with the law.

8. Property Rights

(a) Copyright: All content on CrescentRidge.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Crescent Ridge Dairy, Inc. ALL RIGHTS RESERVED, or its content providers. Seller authorizes Buyer to view, electronically copy and to print in hard copy portions of crescentridge.com for the sole purpose of placing an order with Seller for Buyer’s personal, non-commercial use, provided that Buyer preserves any copyright or other proprietary notices. Any other use of materials on crescentridge.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Seller is strictly prohibited. Seller reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Seller.

(b) Trademarks: All trademarks, service marks, product names and company names or logos appearing on crescentridge.com are the property of Seller’s respective owners.