Terms of service
TERMS OF SERVICE
Last Updated on June 16, 2019
Welcome to Fresh-Food2U! These terms and conditions (the 'Terms' or 'Agreement') govern your use of Fresh-Food2U's websites, emails, and mobile applications that link to or reference these Terms ('Service'). By using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and have read and understand our Privacy Policy. Further, by use of the Service, you agree to enter into a legal binding agreement with Fresh-Food2U a product of Avenue Catering Enterprises a Washington state limited liability company. Please do not access or use the Service if you are unwilling or unable to be bound by the Terms.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. WE BELIEVE MEDIATION AND ARBITRATION ARE THE FAIREST AND LEAST EXPENSIVE APPROACH FOR BOTH OUR COMPANY AND YOU, AND AS SUCH THIS TERMS OF SERVICE INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. DEFINITIONS
A. Parties
'You' and 'your' refer to you, as a user of the Service who accesses, browses, crawls, scrapes, or in any way uses the Service. 'We', 'us', and 'our' refer to Fresh-Food2U.
B. Content
'Content' means text, images, photos, audio, video, location data, and all other forms of data or communication.
'Your Content' means Content that you submit or transmit to, through, or in connection with the Service, such as offers, posts, ratings, comments, and information that you publicly display or is displayed in your account profile.
'User Content'' means Content that users submit or transmit to, through, or in connection with the Service.
'Fresh-Food2U Content' means Content that we create and make available in connection with the Service.
'Third Party Content' means Content that originates from parties other than Fresh-Food2U or its users, which is made available in connection with the Service.
'Service Content' means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Fresh-Food2U Content.
2. SERVICE DESCRIPTION
ORDERING
The ordering process is simple.
1. A minimum of 6 meals is required to place an order.
2. You can order multiples of the same item.
3. Orders placed before 5:00 pm Sunday will be available for pickup the following Thursday.
4. You will be contacted via email to make pickup arrangements after you place your order.
SHIPPING / DELIVERY:
We only provide Drop-Off or Pick-up service at this time.
REHEATING
As each of our meals is unique and requires slightly different directions for serving, please refer to the label on each individual meal and follow the instructions for maximum flavor and experience! Our meals are served in a microwave-ONLY BPA-free recyclable plastic trays or a foil pan. Please don’t place foil pans into a microwave or plastic trays into the oven.
INGREDIENTS
Each order will include an ingredient sheet for each meal.
FOOD ALLERGIES
We make every effort to identify all ingredients in every meal and list common allergens. Our production staff is well-trained to recognize and respect the severity of food allergies. Fresh-Food2U cannot assume any liability for adverse reactions to food consumed or items one may come into contact with while eating our meals. Please be aware that our facility prepares foods and uses ingredients in our products that may contain dairy, eggs, tree nuts, tree nut oils, and shellfish.
MEALS
FreshFood2U meals are prepared in our kitchen with well-sourced proteins and produce. We work with a network of trusted purveyors to bring high-quality, well-balanced meals to your table. All meals are packaged in reusable, recyclable, BPA-free trays that are microwave safe or foil pans that are ovenable. Our meals remain fresh until the “Use By/Freeze By” date printed on the meal label. From that date, meals are freezable and should be eaten within six months for optimal freshness. Dates vary by meal, so please check your meals when they arrive for the correct “Use By/Freeze By” date. Once frozen, meals should be stored in the freezer until ready to eat. Frozen meals should be thawed in the fridge overnight and consumed within 72 hours of thawing. Please refer to the individual meal for specific reheating instructions. Frozen, thawed and cooked veg dishes may contain water as a byproduct. Once the food is thawed in the refrigerator, it is safe to refreeze without cooking, although there may be a loss of quality due to moisture lost through thawing. If previously cooked foods are thawed in the refrigerator, you may refreeze the unused portion. See the USDA site for more on frozen foods.
RETURNS & REFUNDS
At Fresh-Food2U we have a commitment to 100% customer satisfaction. We love our customers and want to do everything in our power to make things right should a problem arise. If you have an issue with our product, please contact Customer Service. Due to the freshly prepared nature of our meals, we cannot accept returned meals.
SUBSTITUTIONS
Every effort will be made to ensure that your order is sufficiently filled. However, due to the fresh nature of our inventory, there may be times when a substitution will need to be made. In the event that a product is unavailable, we will contact you with substitutions or other options.
3. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modifications.
4. USAGE GUIDELINES
We request that you follow some basic rules that make Fresh-Food2U a rewarding experience for all our customers.
A. You agree not to, and will not assist, encourage, or enable others to use the Service to:
Violate our content guidelines;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Fresh-Food2U;
Use any robot, spider, Service search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
Reverse engineer any portion of the Service;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating searchable database products;
Reformat or frame any portion of the Service;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Fresh-Food2U's technology infrastructure or otherwise make excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
5. CONTENT GUIDELINES
A. Responsibility for Your Content
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Fresh-Food2U.
B. Our Right to Use Your Content
We may use Your Content, including any feedback provided on the Service and products. As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose and irrevocably waive, and cause to be waived, against Fresh-Food2U and its users any claims and assertions of moral rights or attribution with respect to Your Content.
C. Ownership
We own the Fresh-Food2U Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, Service marks, trade names, and other intellectual and proprietary rights throughout the world ('IP Rights') associated with the Fresh-Food2U Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Fresh-Food2U Content in whole or in part except as expressly authorized by us.
D. Removal
User Content does not necessarily reflect the opinion of Fresh-Food2U. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you.
Please let us know about inappropriate content. If you find something that violates our content guidelines, please let us know at info@Fresh-Food2U.com.
6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU, AND NOT Fresh-Food2U, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE PREPARATION, STORAGE, AND HEATING OF THE MEALS.
OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 2 REGARDING RETURNS AND REFUNDS: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICE, THE MEALS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICE AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO Fresh-Food2U IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
Fresh-Food2U HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, THE SERVICE, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
7. THIRD PARTIES
The Service may include links to other websites or applications (each, a 'Third Party Service'). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk.
8. INDEMNITY
You agree to indemnify, defend, and hold Fresh-Food2U, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the 'Fresh-Food2U Entities') harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Fresh-Food2U reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fresh-Food2U. Fresh-Food2U will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. COMPLIANCE WITH APPLICABLE LAWS
The Service (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. TERMINATION OF THE AGREEMENT
A. Your Right To Terminate
You may terminate the Terms at any time by closing your account, discontinuing your use of the Service, and providing Fresh-Food2U with a notice of termination by emailing us at info@Fresh-Food2U.com.
B. Our Right To Terminate
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information.
C. Terms That Survive
The Terms shall survive termination of this Agreement and your use of the Service.
11. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
Please read this Section ("Arbitration Agreement") carefully. By agreeing to this Terms of Service, you agree to MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Arbitration Exclusive Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or to the interpretation, breach or enforcement thereof, shall be submitted to arbitration in =xxxxx= in a manner agreed upon by the parties then in interest, or in default of such agreement, in accordance with the commercial rules of the American Arbitration Association. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Modification. Notwithstanding any provision in these terms to the contrary, we agree that if Fresh-Food2U makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Fresh-Food2U.
Small Claims Court. Notwithstanding the foregoing, either you or Fresh-Food2U may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court or should this Arbitration Agreement be deemed invalid or unenforceable, the parties hereby agree to submit to the personal jurisdiction of the courts located in Skagit County, Washington for resolution of the dispute.
Choice of Law. Washington law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Fresh-Food2U, without regard to conflict of law provisions.
12. GENERAL
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Further:
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service.
The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Fresh-Food2U's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with Fresh-Food2U's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.