To Participants/Users of the Fresh Express Website:
By using our Site, participants (“Participant”, “you”, “your”) automatically agree to be bound by each of the terms and conditions set forth below and any amendments thereto. Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.
You are NOT authorized to use any Fresh Express name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Fresh Express. Requests for authorization should be made to:
Mailing Address: Fresh Express Incorporated, P.O. Box 80599, Salinas, CA 93912, Attn: Legal Department
You further agree not to use our Site, the Materials, or any products or services included on or available through our Site for any unlawful purpose.
This means that:
> We don’t have to treat any such Idea Submission as confidential.
> You can’t sue us for using the Idea Submission you provide (including, but not limited to, product or advertising ideas).
> If we use your Idea Submission — or anything like them — we don’t have to pay you or anyone else for them.
> We will have exclusive ownership of all present and future rights to Idea Submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
In addition, you agree that, if you submit or post an Idea Submission to us, that: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature.
For any other content, reviews, ratings, remarks, information, questions, comments, photos, videos or material you post, upload, submit, or transmit to this Site, including any of the foregoing submitted through our product ratings and reviews service (“Content Submission”), you automatically grant Fresh Express a royalty-free, perpetual, irrevocable, transferable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content Submission in any media or in any form, format, technology or forum now known (such as, television, radio, print, in-store, packaging, billboards, digital and mobile) or hereafter developed. However, you understand that Fresh Express is not required to use any Content Submission. Fresh Express’ use or non-use of any Content Submission is at Fresh Express’ sole discretion. Fresh Express is not required to treat the Content Submission as confidential.
You acknowledge that you are responsible for any Content Submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Fresh Express does not guarantee that you will have any recourse through Fresh Express to edit or delete any content you have submitted. We are not responsible for screening or monitoring any Content Submissions made on this Site by Participants. If notified by a Participant of a Content Submission allegedly in violation of these Terms and Conditions, we may investigate the allegation and determine in good faith and our sole discretion whether to remove the Content Submission. Also, we reserve the right to change, condense or delete any content on our Site that we deem, in our sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. We reserve the right to remove or to refuse to post any Content Submission for any reason. We have no liability or responsibility to Participants for performance or nonperformance of these activities.
For all Content Submissions to Fresh Express, you represent and warrant that:
> You are the sole author and owner of the intellectual property rights thereto;
> all “moral rights” that you may have in such content have been voluntarily waived by you;
> all content that you post is accurate;
You agree and warrant that you shall not submit any content that:
> is known by you to be false, inaccurate or misleading;
> infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
> violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
> is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
> you were compensated or granted any consideration by any third party;
> includes any information that references other websites, addresses, email addresses, contact information or phone number;
> contains any computer viruses, worms or other potentially damaging computer programs or files
You agree to indemnify and hold Fresh Express (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Fresh Express has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Participants, and is not obligated to monitor or exercise any editorial control over such material.
By submitting your email address in connection with your rating and review, or any other item you submit to us, you agree that Fresh Express and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
> DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
> CONSEQUENTIAL DAMAGES (DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY);
> INCIDENTAL DAMAGES (OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY).
IN ADDITION, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW LIMITATION OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITE.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW A DISCLAIMER OR EXCLUDE WARRANTIES.
Some software from our Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported:
> into (or to a national or resident of) any country to which the United States has placed an embargo; or
> to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders.
If you download or use the Site or software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. You may not use or export the materials from this Site in violation of U.S. export laws and regulations.