Terms and Conditions
Last Modified: June 22, 2018
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE, AS YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
BY ACCESSING USING OUR WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE OR ACCESS OR WEBSITE OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE FRESH GOURMET COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. General Terms
These Terms and Conditions (the "Terms", the “Terms & Conditions”) govern your access or use of the www.freshgourmet.com the website (this “Website”), including but not limited to accessing or using any content, functionality, or any services offered through this Website (collectively, the “Service(s)”). This Website, the Services and all related content and activities are operated and made available exclusively in the United States and its territories by The Fresh Gourmet Company and its subsidiaries, representatives, affiliates or licensors (collectively, “The Fresh Gourmet Company”, "we", “us” or "our"). The Fresh Gourmet Company’s collection and use of personal information in connection with the Services and this Website is described in our Privacy Policy.
BY ACCESSING OR USING THE WEBSITE OR ITS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE WEBSITE OR ITS SERVICES. THESE TERMS APPLY TO ALL VISITOR, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE WEBSITE OR ITS SERVICES.
THIS WEBSITE IS NOT INTENDED FOR MINORS. YOU MUST BE AT LEAST 18 YEARS OLD TO VISIT THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE OR ITS SERVICES FOR ANY REASON. YOU MAY USE THIS WEBSITE AND ITS SERVICES ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THESE TERMS.
The general purpose of this Website is to provide information about The Fresh Gourmet Company’s Fresh Gourmet brand-related products, product-related activities and operations and to conduct promotional activities related to said products. Any and all communication or interaction with us or this Website in relation to this Website or our Services are included in the term “Service(s),” among other things.
2. Intellectual Property
This Website, its Services and its entire contents, designs, features, and functionalities (the “Website Content”) are and will remain the exclusive property of The Fresh Gourmet Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
THIS WEBSITE IS NOT FOR THE COMMERCIAL USE OF OTHERS. OUR TRADEMARKS AND TRADE DRESS AND ANY OTHER WEBSITE CONTENT MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT PRIOT WRITTEN CONSENT OF THE FRESH GOURMET COMPANY.
3. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your access and use of this Website and its Services, including the purchase of products or services through the Website. By using the Website and any of its Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4. Third Party Websites
Our Website and its Services may contain links to or may be made available or accessed in connection with third party websites or third party services, products or content (“Third Party Websites”) that are not owned or controlled by The Fresh Gourmet Company.
The Fresh Gourmet Company does not endorse such Third Party Websites and has no control over for the content or performance of these Third Party Websites or their services, resources, policies or practices. As such, The Fresh Gourmet Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such Third Party Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Said third party websites and their services, resources, etc. are governed by their own terms and conditions of use and privacy policy. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
By using or accessing our Website and/or our Services you acknowledge and agree that different terms of use and privacy policies may apply to your use or access of such third websites or third party services and that The Fresh Gourmet Company shall not be responsible or liable directly or indirectly, for any damage or loss caused by or in connection with use or reliance on such Third Party website or service.
5. Modifications
The Fresh Gourmet Company reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least thirty (30) day’s notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
6. Termination
The Fresh Gourmet Company may, immediately and without prior notice or liability, terminate these Terms and/or any Services with respect to you, or generally cease offering or bar access to the Services, in whole or in part, at any time for any reason whatsoever and without limitation, including, but not limited to, suspending, terminating or baring access to our Website and any of our Services. All provisions of the Terms which by their nature should survive termination of your access or use of any of our Services shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you wish to terminate any of your Services, you may simply discontinue using the Services or you may contact us at the contact information provided in below.
7. Indemnification
You agree to defend, indemnify and hold harmless The Fresh Gourmet Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, or b) a breach of these Terms.
8. No Warranties & Limitation of Liability
Your use of the Website and any Services is at your sole risk. The Website and any Services on the Website are provided and made available on an "AS IS" and "AS AVAILABLE" basis. The Website and any Services on the Website are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Fresh Gourmet Company and its licensors DO NOT warrant that: (a) the Website and the Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; or (c) the Website and the Services are free of viruses or other harmful components; or that the results of using the Services will meet your requirements.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FRESH GOURMET COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES ON THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
11. No Waiver
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Fresh Gourmet Company.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Additional Terms
These Terms expressly supersede and replace any prior agreements or arrangements with you regarding the Services. No joint venture, partnership, employment, or agency relationship exists between you, The Fresh Gourmet Company or any related third-party as a result of these Terms or access or use of this Website or the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
14. Notices
To You We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website.
To Us To give us notice under these Terms, you must contact us as follows: (i) by email to info@freshgourmet.com or (ii) by personal delivery, overnight courier or registered or certified mail to the following address:
THE FRESH GOURMET COMPANY
ATTN: Fresh Gourmet
3059 Townsgate Rd, Suite 101,
Westlake Village, CA 91361.
Notices provided by email or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
15. Contact Us
If you have any questions about these Terms, you can contact us directly through the Contact Us page on this Website, via email at info@freshgourmet.com, or by phone at 888.958.6921.
