Terms of use

The Fresh Mobile application and Everythingfresh.com website are operated by Everything Fresh LLC (Everything Fresh). Our mailing address is 780 Dedham Street, Canton, MA 02021.

Your use of our website and mobile application are governed by these terms of use and your use thereof constitutes your agreement to these Terms of Use. Everything Fresh reserves the right to update or modify these Terms of Use at any time without prior notice, and your use of our website and mobile application following any such change constitutes your agreement to the revised Terms of Use.

Use of the content on this website
All of the content on our website and mobile application, including without limitation the images, graphics and text, as well as the underlying software, networks and systems that support them, are owned by or under license to Everything Fresh and are protected by applicable trademark, trade dress, copyright and other rights. No right, title or interest in any part of the content on our website or mobile application is transferred to you.

The content we choose to make available on our website and mobile application from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you. This means that you may not modify, alter or prepare other works based on the content, or distribute copies of or publicly perform or display the content, such as by posting the content on any network computer or distributing the content on or in any media.

We expect you to use our website and mobile application responsibly and to respect the rights of others. You agree that you shall not access data not intended for you or log onto a server or an account that you are not authorized to use. You also agree that you shall not attempt to interfere with service to any other user, or the software, networks or systems that we use to bring our website or mobile application to you, such as by submitting a virus to our website or mobile application or overloading, "flooding," "spamming," "mailbombing" or "crashing" our website. Finally, you agree not to use any device, software or routine to interfere with the proper working of our website or mobile application or to navigate or search our website, other than by using the search tools available on our website and other generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Use of the Amplify mobile app
The Amplify application may not be i) used for any purpose other than to enable EF Mobile Shopper, ii) copied (except for backup purposes), iii) further distributed or transferred or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver.

Privacy
Our Privacy Policy is located on this website and applies to your use of our website and mobile application.

Links
Our website or mobile application may include links to websites that Everything Fresh does not operate. These Terms of Use do not apply to and Everything Fresh is not responsible for the operators of those websites. As you navigate through this and other websites, it is important to regularly check the website terms and conditions that may apply.

Submissions
We welcome your comments and suggestions concerning our website or mobile application or any other product or service we may offer. However, we accept such comments and suggestions under the condition that you grant to Everything Fresh an irrevocable, perpetual, worldwide, royalty-free, transferable license to use, copy, prepare derivative works based on and publicly perform, display and distribute the information and material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that this license is effective automatically (without further action by you) when you submit the information or materials to us. Obviously, you should not send us any information or materials that you do not want to transfer to Everything Fresh, or that you are legally prohibited from transferring to us, such as confidential information or product or service ideas that you intend to derive revenue from.

Product and service images and descriptions
We try to describe and display the features of all of the products and services shown on our website and mobile application as accurately as possible. However, the colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on our website and mobile application may contain typographical or other human errors and may not be complete or current despite our efforts. Accordingly, we cannot guarantee that any product or service image or description will be accurate in all respects.

Additional terms and conditions and compliance with laws Certain of the products and services that Everything Fresh offers, such as Gift Cards, are subject to terms and conditions in addition to these Terms of Use. If you wish to see the terms and conditions that apply to Gift Cards or any other product or service, please visit our store. It is your responsibility to comply with such terms and conditions, as well as with all laws and regulations that apply to your purchase and use of any product or service. The risk of loss and title to items purchased from our website or mobile application pass to the purchaser upon our delivery to the carrier.

Promotions
You may not use Everything Fresh's tradename, trademarks, service marks or other intellectual property assets or its branded products and services, such as Gift Cards, for promotional, advertising or any other commercial purpose, unless and to the extent we otherwise specifically agree in writing.

Disclaimer and limitation of liability
OUR WEBSITE AND MOBILE APPLICATION AND THE CONTENT THEREON ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, EVERYTHING FRESH DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL EVERYTHING FRESH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE PR MOBILE APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FOREGOING ENTITIES AND INDIVIDUALS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.00).

April 2015