TERMS AND CONDITIONS

This website (“Site”) is maintained by Fresh Express Incorporated and its affiliates (individually and collectively, “Fresh Express”, “we”, “us” or “our”). We’ve designed our websites to be useful, informative, and fun. We hope you will enjoy it. All we ask is that you abide by the Terms and Conditions (“Terms and Conditions”) that follow.

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.

All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, the “Materials”) are protected by copyrights and other intellectual property rights owned and controlled by us, our affiliates, or by other parties that have licensed or otherwise provided their material to us.

The Fresh Express company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fresh Express Incorporated, or its parent, subsidiaries or affiliates. Specifically: FRESH EXPRESS; FRESH EXPRESS & Design (various logos) are trademarks of Fresh Express Incorporated. All these marks are referred to collectively as the “Fresh Express names or marks”.

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

If you believe that any information or content owned by you has been used on this Site in a manner that constitutes copyright infringement, please provide us with a written notice that includes an identification of the copyrighted work claimed to have been infringed and the location on the Site where you believe the infringement occurs, as well as your address, telephone number, and e-mail address, and we will remove such content upon verification of your claim. You may send this notice to Fresh Express Copyright Agent by mail to the address listed above.

Fresh Express grants a license (“License”) to allow you to download, use and copy the Materials found on this Site for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the Site which pertain to the material being copied. You may not add, delete, distort, or otherwise modify the Materials. Any unauthorized attempt to modify any Materials, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Fresh Express, its parent, subsidiaries, corporate affiliates, and/or any third party owner of such rights. You may NOT create framed links to the Site without express written permission from Fresh Express. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by us at any time. Upon revocation, Participant agrees to delete and/or destroy and the Materials obtained from the Site.

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.

All dated materials contained on the Site is to the best of Fresh Express’ knowledge to be timely and accurate when issued. However, Fresh Express is not responsible for any misimpressions which may result from the reading of dated material. You should carefully check the dates of issuance of the dated materials contained in this Site.

All concepts, suggestions, ideas, or other recommendations that you communicate to us through this Site in any format (an “Idea Submission”) becomes and remains our property, throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use, even if this agreement is later terminated.

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;
> use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

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.

We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. You’re not permitted to post or upload any of our Site Materials for your commercial, business, or non-personal use. If you use or post our Site information and Materials for any non-personal purposes, you’ll be violating our intellectual property rights. Also, make sure that your social media account permits you to post third party content.

Information accessible on this Site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

FRESH EXPRESS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE, OR INABILITY TO USE, THE SITE, (2) USE, OR INABILITY TO USE, ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES, (3) FAILURE OF PERFORMANCE, (4) ERROR, (5) OMISSION, (6) INTERRUPTION, (7) DEFECT, (8) DELAY IN OPERATION OR TRANSMISSION, (9) COMPUTER VIRUS, MALWARE, OR HARMFUL COMPONENTS, OR (10) LINE FAILURE.

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.

THE MATERIALS IN OUR SITE ARE PROVIDED “AS IS”. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITE.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW A DISCLAIMER OR EXCLUDE WARRANTIES.

Fresh Express controls and operates its Site from the company’s headquarters located in Windermere, Florida, United States of America. We in no way imply that the materials on the Site are appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

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.

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect regarding users of our Site is subject to our Privacy Policy, the full text of which is available by clicking on the Privacy Policy

If Fresh Express becomes aware of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose Fresh Express to civil or criminal liability, Fresh Express reserves the right to investigate such content, block access to such content and suspend or terminate any features of the content on the Site or any Participant access or account if applicable, without liability. Fresh Express further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that Fresh Express believes is responsible for such violation. Fresh Express also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit any rights and remedies at law or in equity that may be available.