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.

Fresh Connect Delivery Service.

We are a subscription based food delivery service. You sign up for delivery of 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 the Monday before delivery and your credit card will be charged on the Monday 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 from Thursday – Monday @ 10:00 AM each week. Any changes after the 10:00 Monday morning cutoff have to be made by Fresh Connect management. Please notify us via phone or email if you would like to make any changes after the cutoff. We try to fulfill 100% of each order (whether late or on time), but from time to time products may be unavailable and we reserve the right to limit quantities.

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@freshconnect.com.

You have one week after delivery to let us know you are dissatisfied with an item. Credits for unsatisfactory items will be applied to your account for your next scheduled delivery. You may cancel our service at any time by calling or e-mailing us. However, refunds will not be issued if you are cancelling after the 10:00 Monday morning cutoff and your order for that week has already been placed. Except for these two choices, you waive all other remedies that may otherwise be available to the maximum extent permitted by law.

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. While we do our best to always ensure food arrives fresh and at the proper temperature, Fresh Connect is not responsible for ensuring your food stays fresh after delivery. If you know you will not be home, we recommend leaving a cooler (with ice packs) available for us to put your food in. Fresh Connect is not responsible for food lost or destroyed due to weather, animals, or stolen food.

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 cancelled it in the timeline outlined above (before the 10:00 Monday morning cutoff). You understand that you are signing up for a subscription service of recurring orders and you must take action to stop deliveries.

Price.
The minimum order amount is $23.90 before taxes or deposits or delivery fees; otherwise there is a $5.00 minimum order fee. The final cost of each order will be dependent upon the exact cost of each produce item. In the event your order total does not meet a $25 minimum, your order will be charged an additional fee or it 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.

Return
Checks. There is a $35 return check fee for each returned check. This fee and the original amount due are to be paid within two weeks of notice. Additional charges may apply past this two week period.

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 Connect 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@freshconnect.com, or by conventional mail to:

Fresh Connect
31710 E. Oakland School Rd
Buckner, MO 64016

Your notice needs to be received by 10:00 Monday morning 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

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@freshconnect.com, or update your account information yourself by going 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 FONNECT 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 Buchanan 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.