Terms of Service:

Last updated: 11/09/2011

Assumed Delivery:
Papa Spudís operates under an assumed weekly delivery. A subscription to Papa Spudís means that the customer is signing up to receive a weekly delivery. Customers are free to place as many or as few of these deliveries on hold as they desire, but the hold must be placed through the Papa Spudís website by 12pm Monday, the week of that delivery. If a hold is placed prior to this deadline, no delivery will be sent and no payment will be charged for that week. If a hold is not placed on a delivery by 12pm Monday of that week, a delivery will be sent and payment will be charged for the delivery.

In the event that a customer is unable to communicate a delivery hold to Papa Spudís by 12pm Monday the week of that delivery, the customer will be charged a late fee to place the order on hold. This fee is $6.00 for Weekly Sampler subscribers, and $12.00 for Family Sampler subscribers. Papa Spudís charges a late fee for holds placed after the deadline, because all orders have been finalized with Papa Spudís suppliers at this point. These orders cannot be altered or canceled so Papa Spudís charges a fee so that Papa Spudís does not lose 100% of the cost of the unused products. Hold requests that are communicated to Papa Spud's after the Monday 12pm deadline are very costly, and create unnecessary waste. If Papa Spud's feels that a customer is abusing the holds system or deadlines, Papa Spud's retains the right to cancel the customer's account.

Customizing Orders, Placing Holds on Deliveries:
Every Friday, Papa Spudís will compile a custom list of default selections for all customers scheduled to receive a delivery the following week. This custom list will be based on the preferences set by the customer via their userpage on the Papa Spudís website. Papa Spudís will email all customers scheduled to receive a delivery the following week, reminding them that delivery is scheduled, and inviting them to view and/or customize their order through their online orderpage. This orderpage will be open until 12pm the following Monday. Any changes to the custom default order must be submitted through the customerís orderpage by 12pm Monday, so that Papa Spudís has sufficient time to organize supply with their growers and suppliers.

Carryover credits:
Each of Papa Spudís delivery boxes includes a base number of credits to use in the online ordering system. If Papa Spudís is unable to use all allotted credits in the custom default delivery due to product limitations placed by the customer on the customerís Ďpreferencesí page, and the customer does not use all of the allotted credits manually through alterations to the order on their orderpage Ė the unused credits will carryover to be available for future deliveries. These Ďcarryover creditsí will be given an expiration date, and will become void if they are not used before their specific expiration date. Carryover credits can only be use in the Papa Spudís ordering system in addition to the allotted credits for a regular, paid delivery. Carryover credits do not retain any monetary value, and are not subject to refund.

Packaging Materials and Annual Fees:
Beginning March 1st, 2010 Papa Spudís will charge an annual fee of $5.00 or $10.00 (meat customers) to help cover the cost of packaging materials (boxes, insulation, ice packs, pouches, etc). All packaging materials are reused, to keep costs as low as possible. However, materials do wear out over time, which is the reason for the annual fee.

The fee will be charged within the first 10 days of the month to all customers that signed up for Papa Spudís service in that month. For example if a customer signs up on March 21st, 2009, they will be charged the yearly fee every following March (2010, 2011, 2012 etc.) for as long as they are a member.

All customers will receive a minimum 48 hours notice before the yearly fee is charged. Notice will be sent via email.

Email Communication:
Papa Spudís will conduct the majority of communication with customers via email. Customers are expected to add Papa Spudís to their contact lists (info@papaspuds.com) and to make any adjustments necessary to ensure that Papa Spudís emails are not lost to spam filters, bulk email boxes, etc. Papa Spudís cannot be held responsible if a sent email does not make it into the customerís inbox.

Product Shortages and Substitutions:
From time to time, Papa Spudís encounters shortages on available products for reasons such as adverse weather, pests, quality issues, delivery errors, etc. If Papa Spudís is unable to fill an item in a customerís order for reason of shortage, Papa Spudís will either issue a full credit for that item or substitute a similar product of equal quantity, cost, local origin (if applicable), and organic production (if applicable). In most cases a credit will be issued, but Papa Spudís does reserve the right to make product substitutions if deemed necessary. As always, if a customer is unhappy with a product they receive in delivery, Papa Spudís will issue a full credit for that item. Unlike carryover credits, refunded credits retain a monetary value of $1.05, which will be issued to the customerís payment card upon request, or upon cancellation of the account.

License and Proprietary Rights:
All Site content, design, text, graphics, and interfaces; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Papa Spudís. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to Papa Spudís. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of Papa Spudís is strictly prohibited. Papa Spudís reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Papa Spudís.

Third-Party Information Providers and Merchants:
In the future, Papa Spudís service may permit you to order and receive additional products, information, and services from Papa Spudís or businesses that are not owned or operated by Papa Spudís. In such instances, Papa Spudís acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Papa Spudís makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Papa Spudís makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

Papa Spudís logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Papa Spudís or otherwise proprietary to Papa Spudís and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Papa Spudís and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or Papa Spudís.

Limitation of Liability:
Neither Papa Spudís nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors (collectively, ďPapa Spudís PartiesĒ) shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the Site, Papa Spudís, or the internet. Papa Spudís liability shall be limited to providing you with an acceptable substitute for any product that is returned. Your sole and exclusive remedy shall be for you to discontinue your use of Papa Spudís and to terminate this agreement.

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Papa Spudís may suspend or terminate this Agreement or remove or disable access to any portion of Papa Spudís at any time for any reason with or without notice to you. You may terminate this Agreement and your Papa Spudís Service at any time for any reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Papa Spudís reserves the right to collect fees and charges incurred before you cancel your Papa Spudís service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

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