Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Kelly Farms website and mobile application (collectively, the “Services”) operated by Kelly Farms LLC (“Kelly Farms,” “we,” “our,” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or place an order.

By using the Services, you represent that:

• You have legal capacity to enter into a binding agreement.
• All information you provide is accurate and complete.

2. Account

To access certain features, you may be required to create an account.

You agree to:

• Maintain the confidentiality of your login credentials.
• Be responsible for all activity under your account.
• Notify us immediately of unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Orders and Subscriptions

A. Product Availability

Kelly Farms provides farm products, subscription boxes, and related goods. Product availability may vary due to seasonality, weather, crop yield, or supply conditions. We reserve the right to substitute comparable items when necessary.

B. Pricing

All prices are listed in U.S. dollars and are subject to change without notice. Taxes, delivery fees, or other charges may apply at checkout.

C. Subscription Billing

If you purchase a recurring subscription:

• Your subscription will automatically renew at the selected billing interval.
• Your payment method will be charged automatically at each renewal.
• You may cancel at any time before the next billing cycle through your account settings or by contacting support.
• No partial refunds are provided for mid-cycle cancellations unless required by law.

You are responsible for maintaining accurate payment information.

4. Payments

Payments are processed by third-party providers (e.g., Stripe). By submitting payment information, you authorize us to charge your selected payment method. We do not store full payment card details. If payment fails, we may suspend your subscription or order until payment is successfully processed.

5. Data Retention

Delivery times are estimates and may be affected by weather, supply chain conditions, or other factors. Once products are delivered to the designated address, risk of loss transfers to you. You are responsible for ensuring safe storage of perishable goods upon delivery.

6. Food and Agricultural Disclaimer

Our products are fresh agricultural goods. You acknowledge:

• Produce may vary in appearance, size, or color.
• Shelf life depends on storage conditions.
• You are responsible for proper handling and preparation.

Kelly Farms is not liable for improper storage, allergic reactions, or misuse of products. If you have food allergies, you are responsible for reviewing product contents before consumption.

7. User Content

You may submit reviews, photos, or feedback (“User Content”). By submitting User Content, you grant Kelly Farms a non-exclusive, royalty-free, worldwide license to use, display, and reproduce such content for marketing or operational purposes.

You agree not to submit content that:

• Is unlawful or defamatory
• Violates intellectual property rights
• Contains harmful or malicious material

We reserve the right to remove content at our discretion.

8. Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes
• Interfere with system security
• Attempt unauthorized access
• Reverse engineer the mobile app
• Use automated scraping tools

Violation may result in account termination and legal action.

9. Intellectual Property

All content on the Services, including logos, branding, images, text, graphics, and software, is the property of Kelly Farms LLC or its licensors. You may not copy, reproduce, distribute, or create derivative works without written permission.

10. Third-Party Services

The Services may integrate third-party services (including payment processors, hosting providers, analytics tools). We are not responsible for third-party policies or practices.

11. Third-Party Links

The Services and products are provided “as is” and “as available.” To the fullest extent permitted by law, Kelly Farms disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

We do not guarantee uninterrupted or error-free service.

12. Limitation of Liability

To the maximum extent permitted by law:

Kelly Farms LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products. Our total liability shall not exceed the amount you paid to us in the preceding 12 months. Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Kelly Farms LLC and its officers, employees, and affiliates from any claims, damages, or expenses arising from:

• Your misuse of the Services
• Violation of these Terms
• Violation of applicable law

14. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Arizona.

15. Termination

We may suspend or terminate access to the Services at any time for violation of these Terms or for operational reasons. Upon termination, your right to use the Services immediately ceases.

16. Changes to These Terms

We may suspend or terminate access to the Services at any time for violation of these Terms or for operational reasons. Upon termination, your right to use the Services immediately ceases.

17. Driver Safety, Conduct, and Confidentiality

A. Driver Safety Compliance

Kelly Farms prioritizes the safety of its drivers, customers, and the public. All drivers using the Services agree to operate their vehicles in full compliance with applicable traffic laws and safety regulations. Drivers are strictly prohibited from texting, typing, or otherwise using handheld mobile devices while operating a vehicle. For safety reasons:

• Voice calls may be used where legally permitted.
• Text-based communications may be delayed while the vehicle is in motion.
• Customers acknowledge and agree that driver responses may be postponed until the driver can safely and lawfully communicate.

Kelly Farms shall not be liable for delivery delays or communication delays resulting from a driver’s compliance with traffic safety laws.

B. Safe Vehicle Operation

Drivers represent and warrant that:

• They maintain a valid driver’s license.
• Their vehicle is properly registered and insured as required by law.
• They will not operate a vehicle while impaired by drugs, alcohol, fatigue, or any condition that compromises safety.

Kelly Farms reserves the right to suspend or terminate access to the Services for any unsafe conduct.

C. Confidentiality of Customer Information

Drivers may have access to limited customer information solely for the purpose of completing deliveries or providing Services. Drivers agree to:

• Keep all customer information confidential.
• Use such information only for order fulfillment.
• Not store, share, sell, or disclose customer information to third parties.
• Not contact customers outside of official order-related communication.

Any misuse of customer data may result in immediate termination and potential legal action.

D. Customer Contact Towards Drivers

Customers agree to treat drivers respectfully and may not harass, threaten, or request conduct that violates safety laws or company policy. Kelly Farms reserves the right to refuse service to any user who engages in unsafe or inappropriate behavior.

E. Independent Status

Drivers are responsible for their own compliance with applicable laws and regulations. Nothing in these Terms creates an employer-employee relationship unless explicitly stated in a separate written agreement.