Website Terms & Conditions
These Terms and Conditions ("Terms") govern your use of all websites and online services owned by Fresh & Easy, LLC. ("Fresh & Easy") where they appear (each a "Site" and collectively "Sites").By ACCESSING OR using this Site you agree to be bound and abide by these Terms AND ALL POLICIES AND GUIDELINES WE MAY POST REGARDING USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. please read these terms carefully. If you do not agree to these Terms, please do not use the Site.
Fresh & Easy reserves the right to change, modify, add, or remove any of these Terms and any other Content at this Site from time to time for any reason in its sole discretion. We will provide notice of changes to these Terms by posting the new Terms on the Site. Please check this page each time you visit this Site for such changes in the Terms, which shall be effective from the effective date posted on the Site. Your use of the Site after the date on which the change comes into effect indicates your agreement to be bound by the new Terms.
Fresh & Easy owns this Site and owns or uses with permission all registered and unregistered trademarks, service marks, brand names, logos, wallpaper, icons, characters, information, pictures, photographs, designs, graphics, artwork, images, audio and video clips, music, sound, software, text, data, comments, postings, submissions and other material and content (collectively "Content"). The Content of the Site is protected by copyright, trademark, database and other intellectual property rights. Your unauthorized use of the Content may result in your personal liability, including potential criminal liability. Except for Content you have posted on this Site in accordance with these Terms, you may not alter, archive, copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content, provided that you are hereby granted a limited, non-exclusive, revocable, non-sublicensable right to access and use the Site, retrieve and display Content on a computer screen, store such Content in electronic form (but not any server or other storage device connected to a network) or print one copy of such Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not use bots, data mining technology, or any other technique intended to extract data or information from the Site. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Content on the Site without written permission from Fresh & Easy. No license is granted to you in these Terms to use any trademark of Fresh & Easy or its affiliated companies including, without limitation, the trademarks "Fresh & Easy" and "Fresh & Easy Neighborhood Market".
Notwithstanding anything to the contrary contained herein, to the extent that Fresh & Easy believes that you have violated Fresh & Easy's intellectual property rights, Fresh & Easy or any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.
LIMITATIONS ON USE
You may not use this Site to post, email or otherwise make available any User Material that:
- encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws or regulation;
- is unlawful, harmful, threatening abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy or harms minors in any way, political or otherwise objectionable;
- impersonates any person or entity, including, but not limited to, a Fresh & Easy employee, or falsely states or otherwise misrepresents your affiliation with any person or entity;
- includes personal or identifying information about another person without that person's explicit consent;
- is false, deceptive, misleading, deceitful or misinformative;
- includes links to commercial services or other websites or promotes any commercial activity;
- infringes in any way or shall infringe on the rights of any other person or entity, including intellectual property rights;
- advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law; or
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You further agree not to:
- gain unauthorized access to our Site, network or computer systems;
- interfere with any other person's use or enjoyment of the Site;
- breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or web sites connected to the Site;
- "frame" the Site or any of its Content;
- copy any portion of the Site or the Content except as part of an Internet service provider's incidental caching of pages or for your own personal review later; or
- "hack", interfere with or disrupt the Site or any servers directly or indirectly connected with the Service or promote any such activity;
You represent and warrant that you own or have a valid license or right to use all User Material and submit it to Fresh & Easy. You shall be solely responsible and liable for any User Material that you submit, post, or display on this Site, any activity or transactions that occur under your user name or any account or registration, any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission of User Material. You shall indemnify, defend, and hold Fresh & Easy, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees harmless from any claims, demands, actions, judgments, damages, liabilities, costs and expenses, including reasonable attorney fees and court costs, made by any third party in connection with, due to or arising out of User Material you submit, post or make available through the Site, your use of the Site or any Content, your violation of these Terms, or your violation of any rights of another person or entity through your activities at the Site.
USE OF FRESH&EASY ONLINE ORDERING AND IN-STORE PICK-UP SERVICE
Placing an Order: You must beat least 18 years old to use the Fresh & Easy online ordering and in-store pick-up service. The Fresh & Easy online service is available for non-commercial and residential use only. Fresh & Easy reserves the right to refuse orders from businesses or that we consider are for commercial or other non-residential uses. Orders must be placed at least four (4) days prior to your requested pick-up date. We cannot guarantee orders placed outside of this time period.
Prices and Sales Tax (Where applicable): Please note that product prices are subject to change without notice, and the prices displayed online are exclusive of any sales tax due. The actual price you pay will be the price shown to you- inclusive of any sales tax due- during the checkout process and is determined by the pickup location that you choose, provided that we reserve the right to correct any pricing errors and charge you the correct prices upon notice to and acceptance by you. You agree to promptly pay all charges to your account for orders placed, whether by you or someone authorized by you (such as a family member, friend, or other third party).
Availability: If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you and will contact you to arrange a refund or replacement. Although we will always try to fulfill your orders, we do not guarantee that an item or the specified quantities of an item will be available, and we will only fulfill large orders at our discretion. To ensure availability of all our products customers may be limited to a maximum number of items.
Order Acceptance: There will be no contract of any kind between you and us for goods ordered unless and until we charge a valid credit card or otherwise accept payment. At any point up until we accept payment, we may decline to supply the goods to you for any reason or no reason. At the moment we accept payment (and not before), a contract will be made between you and us, and you will be charged for the goods.
Cancellation of an Order: You can cancel any of your orders up until the order is in the 'in progress' status, generally 4 days before your agreed pickup date. Orders can be cancelled before that time and a refund provided by visiting http://www.freshandeasy.com/holidaymeals/. You can check the status of your order and confirm when it is 'in progress' online.
In-Store Pick-up: Pick-up will be made on the date, during the timeframe, at the Fresh & Easy location specified by you on the completed order form. Items not picked up within 24 hours of the scheduled pick-up time will be returned to the shelves. Pick-up of your order will be made near to the Checkouts in the store entrance. At your request, our assistants may carry your order to your car, but only if: a. the assistant has your permission and b. our assistant believes that it is safe and practical to do as you request. We always reserve the right to only carry the order to the main entrance of the store. All pick-ups must be signed for on delivery by an adult aged 18 years or over. While we will make every effort to make your order available for pick up at the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
Returns and Refunds: We want you to enjoy our Fresh & Easy products. If you don't, we'll gladly give you a refund or an exchange with a receipt. If you have a question or are not 100% satisfied, please call us at (877) 338-6546. A customer service representative is available between 8:00 a.m. and 9:00 p.m.
Getting your refund: If you are entitled to a refund, we will refund you as follows: If you paid by payment card, we will refund you on the payment card, and if you paid by gift card/moneycard, we will refund you on your gift card/moneycard or send you a new gift card. Refunds for products purchased under a promotional offer will be based on the terms of the promotional price. In the event of a refund, all Fresh&Easy Friends Reward Program points received for the purchase of a refunded product will be removed from your Friends account.
Notice for California Consumers: Pursuant to California Civil Code Section 1789.3, users of the online ordering service are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
AVAILABILITY OF THE SITE
Although Fresh & Easy aims to offer you the best service possible, Fresh & Easy makes no promise that the Site will meet your requirements. Fresh & Easy cannot guarantee that the Site will be fault free. If you experience, a fault within the Site, you should report it to us using the contact information[include link to "Contact" section below]provided below and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Fresh & Easy will attempt to restore the service as soon as it reasonably can.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
The Site may provide content from other Internet sites or resources and while Fresh & Easy tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Fresh & Easy will not be responsible for any errors or omissions or for the results obtained from the use of any Content or for any technical problems you may experience with the Site. If Fresh & Easy is informed of any inaccuracies in Content on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, but without limitation, we disclaim all liabilities in connection with the following:
- incompatibility of the Site with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Site;
- unsuitability, unreliability or inaccuracy of the Site; or
- inadequacy of the Site to meet your requirements.
UNDER NO CIRCUMSTANCES SHALL FRESH & EASY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, OR SERVICES PROVIDED ON THIS SITE. Whether the damages arise from use or misuse of the Site, from the inability to use the Site, or the interruption, suspension, modification, alteration, or termination of the Site, such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or any links on the Site. These limitations shall apply to the fullest extent permitted by law.
You agree that use of the Site is entirely at your own risk. THE SITE AND THE CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" AND"AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. To the fullest extent permitted by law, Fresh & Easy disclaims any warranties for the security, reliability timeliness, accuracy and performance of the Site OR THE CONTENT and services ON THE SITE. To the fullest extent permitted by law, Fresh & Easy disclaims any warranties for ANY serviceS or goods received through or advertised on the Site or accessed through any links on the Site. To the fullest extent permitted by law, Fresh & Easy disclaims any warranties for viruses, MALWARE, or other harmful components in connection with Site.
THIRD PARTY WEBSITES
ADVERTISING, SPONSORSHIP, AND OTHER THIRD PARTY CONTENT
Portions of the Site may contain third party advertising and sponsorship and content posted by other third parties. Such third parties are responsible for material submitted for inclusion on the Site and Fresh & Easy does not endorse or warrant the accuracy or reliability of, and will not be responsible for, Content on this Site provided by third parties, any error or inaccuracy in such Content, or the safety, reliability or suitability of any Content or advertised product or service. The use of the names or trademarks of any third parties and any references to their products or services on this Site does not constitute an endorsement by Fresh & Easy of such parties or their products or services.
DISPUTES AND APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Except as otherwise provided herein, any and all disputes, claims or controversies arising out of or related to these Terms, this Site, or the Content or services on this Site not otherwise resolved by you and Fresh & Easy shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitrator's authority to resolve disputes and to make awards shall be subject to the limitations of liability set forth above and limited to disputes between you and Fresh & Easy alone, with no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Exclusive jurisdiction and venue in connection with any dispute between you and Fresh & Easy shall lie in the United States District for the Central District of California located in Los Angeles County. Only if for some reason such federal court does not have jurisdiction over such dispute, then jurisdiction shall be in the Superior Court of California for the County of Los Angeles in the Santa Monica branch. Any cause of action you may have with respect to freshandeasy.com, the Content, this Site, or the services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Fresh & Easy makes no promise that the Site or any Content or services on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its contents is illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United States you do so on your own initiative and are responsible for compliance with local laws.
NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c), Fresh & Easy provides the following procedure for you to notify us if you believe that any material on this Site infringes on your copyright rights. Your notification must include all of the following information:
(1) a legend or subject line "DMCA Copyright Infringement Notice;"
a description of the copyrighted work that you believe has been infringed;
(2) the URL of the site and a description of where the allegedly infringing material is located on that site;
(3) your address, telephone number, and e-mail address;
(4) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(6) your electronic or physical signature.
Fresh & Easy reserves the right, in its sole discretion, to either respond or decline to respond to DMCA notices that do not comply with any of these requirements.
You may send DMCA notices by mail, e-mail, or facsimile:
If by mail to:
Fresh & Easy
2120 Park Place, Suite 200
El Segundo, CA90245
If by e-mail to: email@example.com
If you have any queries please contact us:
ATTN: General Counsel
Fresh & Easy
2120 Park Place, Suite 200
El Segundo, CA 90245
Telephone: (877) 338-6546
©2014 Fresh & Easy, LLC. All rights reserved.
Updated: July, 2014