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Fresh Connect,
LLC
Operating as
Fresh Connect
Operating as
Fresh Connect KC
PO Box 1777
Lee's Summit, MO
64063
Phone:
816-875-5678
info@freshconnectkc.com
www.freshconnect.com
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FRESH CONNECT
SERVICE
AGREEMENT
Welcome to FRESH
CONNECT. PLEASE
READ THE
FOLLOWING
AGREEMENT AND
DISCLAIMER
CAREFULLY BEFORE
SIGNING UP FOR
FRESH CONNECT
SERVICE. This
Agreement
("Agreement")
between you and
Fresh Connect,
LLC (Fresh
Connect) states
the terms and
conditions under
which you may
use the Site and
receive the
Fresh Connect
Service. Your
use of the Fresh
Connect Service,
or this Web
Site, or receipt
of deliveries
from Fresh
Connect
constitutes your
acceptance of
the terms and
conditions of
this Agreement.
If you do not
agree with all
of the terms and
conditions, do
not use the Site
or the Fresh
Connect Service.
If you have any
questions about
this Agreement
or the Fresh
Connect Service
please access
our Site's
Frequently Asked
Questions or
call our
Customer Service
team at
816-875-5678.
100% Customer
Satisfaction
Guarantee If you
are dissatisfied
with any item,
please call us
at
816-875-5678
or contact us
via e-mail at
info@freshconnectkc.com.
You have up to
two weeks after
delivery to let
us know you are
dissatisfied
with an item.
Credits for
unsatisfactory
items will be
applied to your
next scheduled
delivery. You
may cancel our
service at any
time by calling
or e-mailing us
no later than
midnight of your
deadline day
before your next
scheduled
delivery. Except
for these two
choices, you
waive all other
remedies that
may otherwise be
available to the
maximum extent
permitted by
law.
Fresh Connect
Delivery
Service.
We are a
subscription
organic produce
delivery
service. You
sign up for
delivery of a
grocery orders.
You can select a
pre-configured
box or create
your own. You
confirm your
schedule and
begin receiving
deliveries. Your
subscription and
deliveries
continue until
you notify us to
stop. Payment is
due when you
receive each
order. If you
charge your
subscription to
your credit
card, your
credit card will
be charged on
the day before
delivery. Some
banks do not
post these
transactions
until several
days later,
however, and we
cannot guarantee
when a charge
will post.
You may change
the contents of
your box at any
time. All of
your changes to
orders must be
received by us
by midnight of
your deadline
day before your
scheduled
delivery. Milk,
eggs, meat and
other frozen or
chilled items
are specially
packed to keep
these items cold
for up to 8
hours. Please
return this
special
packaging with
your box on your
next delivery
date. We try to
fulfill 100% of
each special
order, but from
time to time
products may be
unavailable and
we reserve the
right to limit
quantities.
Delivery. Your
delivery is
delivered to
your door. You
do not need to
be home as we
can leave the
delivery
anywhere you
would like. If
delivery access
is restricted,
you need to make
arrangements for
us to be able to
deliver your
order to your
door or some
other location,
including your
work if it is on
a delivery
route. We
request that you
refrigerate or
freeze
perishable items
as soon as
possible and
follow our other
storage
guidelines to
best enjoy our
products.
It is your
responsibility
to ensure you
have placed your
order correctly
and to update
your schedule.
If a delivery is
made, but you do
not want it, you
are still
responsible for
payment unless
you cancel it in
the timeline
outlined above
(midnight of
your deadline
day before your
scheduled
delivery day).
You understand
that you are
signing up for a
subscription
service of
recurring orders
and you must
take action to
stop deliveries.
We can retrieve
unwanted orders,
but charge a 25%
restocking fee
to compensate
for all that
went into making
that particular
delivery happen.
Delivery Bins.
Deliveries may
be made in
recycled plastic
bins and will be
left in
accordance with
the delivery
instructions on
your Account
Profile. In
preparation for
your next
delivery, simply
leave out your
bin and the
driver will pick
it up. We ask
that you return
the bins to us
as we reuse them
and recycle them
should they
break. We will
contact you if
we notice 5 or
more unreturned
bins and remind
you to put them
out for your
next regularly
scheduled
delivery. Please
note that if the
bins are not
returned within
two weeks, there
will be a $15
charge for each
unreturned bin.
If you return
bins that you
were charged
for, a full
refund will be
applied to your
credit card
within a week.
Upon
cancellation, a
one time
courtesy attempt
will be made on
your regularly
scheduled
delivery day to
pick up any
unreturned bins.
Price. The
minimum order
amount is $25.
The final cost
of each order
will be
dependant upon
the exact cost
of each produce
item. In the
event your order
total does not
meet a $25
minimum, your
order will not
be delivered.
Prices can
change at any
time without
notice, but the
prices for your
basket will lock
in at your
cut-off
(midnight of
your deadline
day before your
delivery). If
you do not
notify us to
stop deliveries,
you accept our
new pricing or
pricing
structure for
future
deliveries.
Amendments and
Notices. Fresh
Connect may give
notice to you of
a change in this
Agreement, a
change in the
Fresh Connect
pricing or
pricing
structure, and
any other matter
through a change
in the Site, by
delivery of a
notice to you
with your Fresh
Conenct Box, by
electronic mail
or by
conventional
mail to your
address
contained in our
customer
records. You may
give notice to
Fresh Connect by
telephone at
1-816-875-5678,
by electronic
mail to
info@freshconnectkc.com,
or by
conventional
mail to:
Fresh Connect
PO Box 1777
Lee's Summit, MO
64063 USA
Your notice
needs to be
received by
midnight of your
deadline day
before your next
delivery to be
effective for
that delivery.
Third-Party
Information
Providers and
Merchants. In
the future, the
Fresh Connect
Service may
permit you to
order and
receive
additional
products,
information, and
services from
Fresh Connect or
businesses that
are not owned or
operated by
Fresh Connect.
In such
instances, Fresh
Connect 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.
Fresh Connect
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 Fresh
Connect 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.
License and
Proprietary
Rights
Copyright and
Ownership. All
Site content,
design, text,
graphics, and
interfaces; Site
collection,
selection, and
arrangement; and
all software are
the property of,
or duly licensed
to, Fresh
Connect. Consent
is granted to
view,
electronically
copy, and print
in hard copy
portions of this
Site for the
purpose of
subscribing to
the Fresh
Connect Service.
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
Fresh Connect is
strictly
prohibited. You
acknowledge that
Fresh Connect
and/or
third-party
content
providers remain
the owners of
such material
and that you do
not acquire any
of those
ownership rights
by downloading
material. Fresh
Connect reserves
the right to
revoke this
authorization at
any time, and
any use shall be
discontinued
immediately on
written notice
from Fresh
Connect.
Trademarks.
"Fresh Connect",
"Support Local,
Eat Fresh", and
all Fresh
Connect logos,
titles,
characters,
names, graphics,
and button icons
are service
marks,
trademarks,
and/or trade
dress of Fresh
Connect or
otherwise
proprietary to
Fresh Connect
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 the
Fresh Connect
Service 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 the
Fresh Connect
Service.
Access to the
Fresh Connect
Service
Access. You will
provide all
equipment and
services and be
responsible for
all telephone
and other
charges
necessary to
access the Fresh
Connect Service
and the Site.
You should
contact your
local telephone
company if you
have a question
about whether an
access number is
a long-distance
or toll call
from your
location. You
agree to comply
with all laws
applicable to
your activities
on the Fresh
Connect Site and
with the terms
of this
Agreement. You
represent that
you are an adult
(18 years or
older) and have
the power and
authority to
enter into this
Agreement and
perform your
obligations
under it.
You acknowledge
that from time
to time the
Fresh Connect
Service or this
Site may be
inaccessible or
inoperable for
any reason,
including,
without
limitation: (i)
equipment
malfunctions;
(ii) periodic
maintenance
procedures or
repairs which
Fresh Connect
may undertake
from time to
time; or (iii)
causes beyond
the control of
Fresh Connect or
which are not
reasonably
foreseeable by
Fresh Connect.
Account Access
and Passwords.
Access to the
Fresh Connect
Service via
website is
accomplished
through the use
of a user name
(your email
address) and a
password that
will be issued
to you upon
registration.
You are solely
responsible for
any authorized
or unauthorized
access to your
account by any
person. You
agree to bear
all
responsibility
for the
confidentiality
of your password
and all use or
charges incurred
from use of the
Fresh Connect
Service with
your password.
You agree to
notify Fresh
Connect promptly
of any
unauthorized use
of your password
and you will
remain liable
for any use of
the Fresh
Connect Service
until you notify
Fresh Connect of
the unauthorized
use of your
password.
Your Account.
You are
responsible for,
and agree to pay
promptly, all
charges to your
account,
including
applicable taxes
and purchases by
you or anyone
you allow to use
your account and
password to
access the Fresh
Connect Service.
You agree and
accept
responsibility
for keeping all
your account
information
current,
including
address, payment
information,
telephone
number, e-mail
address, and
alternate
receiver for
your order. You
can update your
information in
the Your Account
area on our Web
site or contact
our Customer
Service team.
You agree that
you will not
provide
fraudulent
information and
that you are
solely
responsible for
any information
you provide to
Fresh Connect,
and accept
responsibility
for all
activities that
occur under your
account or
password and for
restricting
access to your
computer. You
will comply with
all laws
applicable to
your activities
on the Site and
with this
Agreement. Fresh
Connect uses a
secure server
that encrypts
your credit card
information so
that it cannot
be read as the
information
travels over the
Internet. Once
we receive your
credit card
information, it
is stored in our
secure data
center. Fresh
Connect will
exercise
commercially
reasonable
efforts to
ensure that your
credit card
information
remains
confidential,
and is available
only to
personnel who
have a need to
know such
information in
connection with
providing you
the Fresh
Connect Service.
Corrections. To
update or
correct
information
provided to us,
please send an
e-mail with your
new information
as soon as it is
known to you by
calling us
(816-875-5678)
or by e-mail to
info@freshconnectkc.com,
or update your
account
information
yourself by
going to on the
Site.
Privacy. We
protect your
privacy to the
extent required
by law. We will
never sell your
email address to
third parties.
Acceptable Use
Policy. You are
solely
responsible for
any and all acts
and omissions
that occur under
your account or
password, and
you agree not to
engage in
unacceptable use
of the Fresh
Connect Service,
which includes,
without
limitation, use
of the Fresh
Connect Service
to: (a)
disseminate or
transmit
unsolicited
messages, chain
letters, or
unsolicited
commercial
e-mail; (b)
disseminate or
transmit
material that,
to a reasonable
person, may be
abusive,
obscene,
pornographic,
defamatory,
harassing,
grossly
offensive,
vulgar,
threatening, or
malicious; (c)
disseminate or
transmit files,
graphics,
software, or
other material
that actually or
potentially
infringes the
copyright,
trademark,
patent, trade
secret, or other
intellectual
property right
of any person;
(d) create a
false identity
or otherwise
attempt to
mislead any
person as to the
identity or
origin of any
communication;
(e) export,
re-export, or
permit
downloading of
any message or
content in
violation of any
export or import
law, regulation,
or restriction
of the United
States and its
agencies and
authorities, or
without all
required
approvals,
licenses, or
exemptions; (f)
interfere with,
disrupt, or
attempt to gain
unauthorized
access to other
accounts on the
Fresh Connect
Service or any
other computer
network; (g)
disseminate or
transmit
viruses, Trojan
horses, or any
other malicious
code or program;
or (h) engage in
any other
activity deemed
by Fresh Connect
to be in
conflict with
the spirit or
intent of this
Agreement.
Warranty
Disclaimer;
Limitation of
Liability;
Indemnification
YOU EXPRESSLY
AGREE THAT USE
OF THE FRESH
CONNECT SERVICE,
THE SITE, AND
THE INTERNET IS
ENTIRELY AT YOUR
OWN RISK. THE
FRESH CONNECT
SERVICE, THE
SITE, AND ITS
CONTENTS ARE
PROVIDED ON AN
"AS IS," "AS
AVAILABLE"
BASIS. TO THE
EXTENT PERMITTED
BY APPLICABLE
LAW, FRESH
CONNECT
DISCLAIMS ALL
REPRESENTATIONS
AND WARRANTIES
OF ANY KIND,
WHETHER EXPRESS
OR IMPLIED,
INCLUDING,
WITHOUT
LIMITATION, THE
WARRANTIES OF
MERCHANTABILITY
OR FITNESS FOR A
PARTICULAR
PURPOSE, WITH
RESPECT TO THE
FRESH CONNECT
SERVICE, THE
SITE, OR ITS
CONTENTS OR WITH
RESPECT TO ANY
INFORMATION,
SERVICES, AND
PRODUCTS
PROVIDED THROUGH
OR IN CONNECTION
WITH THE FRESH
CONNECT SERVICE;
FRESH CONNECT
DOES NOT ADOPT
ANY
REPRESENTATION
OR WARRANTY OF
ANY MANUFACTURER
OR MERCHANT OF
ANY SUCH
INFORMATION,
SERVICE, OR
PRODUCTS. FRESH
CONNECT MAKES NO
REPRESENTATIONS
OR WARRANTIES OF
ANY KIND AS TO
THE
AVAILABILITY,
ACCURACY, OR
CONTENT OF ANY
INFORMATION,
SERVICES, OR
PRODUCTS
OBTAINED THROUGH
THE SITE OR THE
FRESH CONNECT
SERVICE. FRESH
CONNECT DOES NOT
WARRANT THAT THE
FUNCTIONS
PROVIDED BY THE
SITE WILL BE
UNINTERRUPTED OR
ERROR FREE, OR
THAT THIS SITE
OR THE SERVER
THAT MAKES IT
AVAILABLE IS
FREE FROM
VIRUSES OR OTHER
HARMFUL
COMPONENTS.
NEITHER FRESH
CONNECT NOR ANY
OF ITS
DIRECTORS,
EMPLOYEES,
SHAREHOLDERS,
AFFILIATES,
AGENTS,
REPRESENTATIVES,
THIRD-PARTY
INFORMATION
PROVIDERS,
MERCHANTS, OR
LICENSORS
(COLLECTIVELY,
"FRESH CONNECT
PARTIES") 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, THE FRESH
CONNECT SERVICE,
OR THE INTERNET.
A COURTESY EMAIL
REMINDER WILL BE
SENT TO THE
EMAIL ADDRESS ON
YOUR ACCOUNT THE
WEEK PRIOR TO
DELIVERY. THIS
IS ONLY A
REMINDER AND IT
IS YOUR
RESPONSIBILITY
TO KEEP TRACK OF
UPCOMING
DELIVERIES.
FRESH CONNECT IS
NOT LIABLE FOR
CUSTOMERS NOT
RECEIVING THIS
EMAIL. NOT
RECEIVING THIS
EMAIL DOES NOT
PRECLUDE YOU
FROM PAYMENT FOR
THE SCHEDULED
DELIVERY. FRESH
CONNECT'S
LIABILITY SHALL
BE LIMITED TO
PROVIDING YOU
WITH A CREDIT OR
REFUND FOR ANY
PRODUCT THAT
DOESN'T MEET
YOUR
EXPECTATIONS.
YOUR SOLE AND
EXCLUSIVE REMEDY
SHALL BE FOR YOU
TO DISCONTINUE
YOUR USE OF THE
FRESH CONNECT
SERVICE AND TO
TERMINATE THIS
AGREEMENT. FRESH
CONNECT RESERVES
THE RIGHT TO
LIMIT YOUR ORDER
OR THE QUANTITY
OF A SPECIFIC
PRODUCT YOU MAY
ORDER. THE COST
OF GOODS MAY BE
DIFFERENT FROM
WHAT IS ACTUALLY
CHARGED
DEPENDENT ON THE
WEIGHT OF THE
ITEM. FRESH
CONNECT RESERVES
THE RIGHT TO
CHANGE PRODUCE
ITEMS BY
LOCATION OF
ORIGIN, VARIETY,
WEIGHT WHEN
NECESSARY. ITEMS
ON THE WEBSITE
ARE SUBJECT TO
CHANGE BASED ON
AVAILABILTY.
BECAUSE SOME
STATES OR
JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OR
LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL,
INCIDENTAL, OR
SPECIAL DAMAGES
OR OF IMPLIED
WARRANTIES, IN
SUCH STATES AND
JURISDICTIONS
LIABILITY IS
LIMITED TO THE
GREATEST EXTENT
PERMITTED BY
LAW.
The material in
the Site is
provided for
lawful purposes
only. Fresh
Connect controls
and operates
this Site from
its headquarters
in Lee's Summit,
MO, USA, and
makes no
representation
that these
materials are
appropriate or
available for
use in other
locations. If
you use the Site
from other
locations, you
are responsible
for compliance
with applicable
local laws.
Indemnification.
You agree to
defend,
indemnify, and
hold Fresh
Connect Parties
harmless from
any and all
suits, actions,
legal or
administrative
proceedings,
claims, demands,
damages,
liabilities, and
expenses,
including
attorney's fees
and costs,
arising in
connection with
a violation of
this Agreement
by you or
through use of
your account.
Miscellaneous
Termination.
This Agreement
is effective
upon your
acceptance as
set forth herein
and shall
continue in full
force and effect
until
terminated.
Fresh Connect
may suspend or
terminate this
Agreement or the
Fresh Connect
Service or
remove or
disable access
to any portion
of the Fresh
Connect Service
at any time for
any reason with
or without
notice to you.
You may
terminate this
Agreement and
your Fresh
Connect 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. Fresh
Connect reserves
the right to
collect fees and
charges incurred
before you
cancel your
Fresh Connect
Service. In
addition, you
are responsible
for any charges
incurred to
third-party
vendors or
content
providers prior
to your
cancellation.
Entire
Agreement. This
Agreement is
your entire
agreement with
Fresh Connect
regarding the
use of the Fresh
Connect Service
and the Fresh
Connect Site.
You agree that
this Agreement
is not intended
to confer and
does not confer
any rights or
remedies upon
any person other
than you, Fresh
Connect, and
Fresh Connect
Parties. If any
portion of this
Agreement is
held invalid or
unenforceable,
that portion
shall be
construed in
accordance with
applicable law
as nearly as
possible to
reflect the
original
intention of the
parties, and the
remainder of
this Agreement
shall remain in
full force and
effect. The
failure of
either party to
insist upon
strict
performance of
any provision of
this Agreement
shall not be
construed as a
waiver of any
provision or
right. This
Agreement shall
be governed by
the laws of the
State of
Missouri without
regard to its
conflict of laws
rules. You
expressly agree
that exclusive
jurisdiction for
any claim or
dispute with
Fresh Connect or
relating in any
way to your use
of the Fresh
Connect Service
or the Fresh
Connect Site
resides in the
federal and
state courts of
Missouri and you
further
expressly
consent and
agree to
personal
jurisdiction by
the state and
federal courts
sitting in
Jackson County,
State of
Missouri in
connection with
any such
dispute,
including any
claim involving
Fresh Connect
Parties. Any
cause of action
by you must be
instituted
within one year
after the claim
or cause of
action has
arisen, or be
barred.
Third-Party
Beneficiaries.
The provisions
of this
Agreement are
for the benefit
of Fresh Connect
Parties, and
each shall have
the right to
assert and
enforce the
provisions
directly on
their own
behalf. This
Agreement and
all obligations
and restrictions
placed upon you
or your
permitted users
by this
Agreement shall
survive
termination of
this Agreement
and your Fresh
Connect Service.
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