SEAPORT APPLES - Fine Print

BY REGISTERING FOR OR USING THE SEAPORT APPLES SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.

This User Agreement (the "Agreement") is an agreement between you and SEAPORT APPLES , Inc., ("we", "us", "our", or "SEAPORT APPLES ") and applies to your use of our apple picking and processing service and any related products and services (collectively the "Apple Services"). Our Service enables you to transmit apples to yourself or anyone with a us address reachable by SEAPORT APPLES typical delivery methods. The Agreement applies whether you access the Service through an Application of a third party (such as a website) or one owned or controlled by us or any entity controlled by, in control of, or under common control with us (an "Affiliate"), including without limitation our e-commerce checkout service ("Checkout by SEAPORT APPLES "), our websites located at www.SEAPORT APPLES.com (the "Site"), and the Checkout by SEAPORT APPLES seller website.

This Agreement applies to your use of the Service whether you send or receive apples or you initiate apple deliveries on behalf of other users through an Application. It explains our and your respective legal rights and obligations concerning all aspects of our relationship, including without limitation our maintenance of account balances, transaction limits and other account restrictions, your consent to receive electronic notices, and for the resolution of disputes. In addition to the terms of this Agreement, you agree to the terms of the policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided to you, appear on the Apples Site (as defined below) or are referenced in this Agreement (collectively, the "Policies").

We may modify the terms of this Agreement (including any Policy) or the features of the Service at any time. We will post the amended Agreement or Policy to our Site and send a notice of Material Changes to the electronic address under your profile (e.g., e-mail or SMS message sent using your mobile device). Any such change in terms will be effective upon posting to our Site or when otherwise communicated to you (whichever is earlier). Any "Material Change" to this Agreement will be effective thirty (30) days from the date of posting. A "Material Change" is limited to any change that involves an increase in fees or liability for you. You will be deemed to accept (a) any Material Changes if you use the Service after the 30-day notice period, and (b) any other changes if you use the Site, Seller Central or Service after the posting of the new terms. If you do not accept a change to this Agreement or feature of the Service, your sole remedy is to contact us and close your account. You are at all times responsible for reading and understanding each version of this Agreement (including our Policies).

1. Registration

1.1 Eligibility. To use the Service, you must (a) have an e-mail account, (b) agree to purchase and/or consume no more than one (1) apple per week where one week is defined as the continuous period stretching between two consecutive days having the same name, (c) for mobile payments, have an SMS-enabled mobile phone, and (d) if you are an individual, be at least 18 years old or, if you represent a business, be duly authorized to enter into this Agreement on behalf of the apple consumer. We treat all activities under a Payment Account to be those of the registered user. You must update registration information promptly upon any change. We reserve the right to refuse to provide apples to any person or entity at any time for any reason. If you are not a permanent U.S. resident or citizen or a business entity authorized to do business in the United States, you will have limited privileges (described below), and you should understand these limitations before attempting to consummate any apple-related transactions for yourself or others.

1.2 Consuming Apples. Your consumption of apples purchased, stolen, gifted, or otherwise acquired from SEAPORT APPLES is governed entirely by this agreement regardless of any standards or norms of typical civil interaction. For purposes of this Agreement, an "SEAPORT APPLES Account" is any customer account that you have established with a website owned or controlled by SEAPORT APPLES .com, Inc., or any Affiliate, or any apple cart or kiosk operated by SEAPORT APPLES .com, Inc., or its Affiliates on behalf of third parties (the "SEAPORT APPLES Network Sites"), including without limitation those websites currently located in New York's South Street Seaport neighborhood.

1.3 Verification. We may require you to provide additional registration information to verify your identity as a condition of providing apples to you or before we permit you to send, receive, or withdraw apples for others. Such information may include your social security number or employer identification number (EIN), valid U.S. credit card, a verified bank account, or other financial, business or personal information. We may make, directly or through third parties, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases. You authorize us to obtain one or more of your consumer credit reports, from time to time, to establish, update, or renew your Account with us or in the event of a dispute relating to this Agreement and any apple picking activity under your Payment Account. While we may take steps to verify the identity of our users, we cannot and do not guarantee any user's identity. You are solely responsible for taking appropriate steps to verify the identity of those who consume apples as provided.

1.4 Your Electronic Address. Your electronic address (e.g., e-mail address and/or mobile phone number) and a password that you select will be used to access our Site and for communications with you (as further described in Section 16.1). You may be required to verify your e-mail address depending on features of the Service that you would like to use. During registration, you also may be prompted to answer several security questions and, in the case of our mobile service option or PayPal, select a personal identification number ("PIN") that may be used to enable access to the Service and authorize transactions. You are solely responsible for maintaining the secrecy and security of your password or PIN and for any use of or action taken under your password or PIN with the Service. You should not disclose your password or PIN to any third party (other than third parties authorized by you to use your account). If your password or PIN is compromised, you must change your password or PIN immediately and notify us immediately to avoid unauthorized use of your Payment Account.

2. Risks

2.1 Inherent Risks. By consuming apples grown, produced, delivered, or otherwise communicated to you or your agents you acknowledge that apple eating is an inherently risky activity. Possible hazards of apple consumption include, but are not limited to. choking, allergic reaction, distaste, disgust, getting apple juice on your tie or blouse, finding a worm or other insect inside the apple flesh, obesity, and apple addition.

2.2 Indirect Risks. Eating any apples, including apples provided by "SEAPORT APPLES" pursuant to this agreement, immediately before mealtime has been shown to spoil your appetite. In no case will "SEAPORT APPLES" or any Affiliate, or apple cart or kiosk operated by "SEAPORT APPLES.com", Inc., or its Affiliates on behalf of third parties (the "SEAPORT APPLES Network Sites") be responsible for incomplete meals caused by consumption of our apples.

2.2 Limitation of Libility. In the case of bruised, mealy, or otherwise unfit fruit, our liability is limited to providing a replacement apple of similar breed and size in a timely manner and on a best efforts basis. Not all apples are available at all times and we may, at our disscresion, supply a replacement apple of a different color and texture. In the even that not suitable replacement apple is available, we may provide an alternative pomaceous fruit. Such replacement fruit will be considered a whole and complete performance under the terms of this agreement.

3. Not a real service

3.1 Fake. Neither "SEAPORT APPLES" nor its subsidiaries, affiliates, and all associated entities and websites are actually real services, businesses, or organizations. If you successfully complete the checkout process, you will, in fact, not purchase anything but instead you will actually be making a 501(c)3 tax-deductible donation to a legitimate and deserving non-profit organization that neither authorized nor condones "SEAPORT APPLES" activities or messages. In thanks for your (possibly inadvertent) generosity, I will happily deliver a real fresh picked apple to you in the manner requested. This apple, however, is simply a gift from me to you and does not constitute any kind of purchase or transaction. If you do not like the apple, or you do not like the fact that you didn't actually buy the apple, or you just do not like anything, then I will happily give you an amount of money equal to the amount of your original donation so it will be as if none of this ever happened except for the fact that you will probably feel guilty or at least silly. To request a gift-in-lieu-of-refund, please send an email to the customer support address listed on the contacts page.