Terms and Conditions
Last updated: October 17, 2017
These Terms and Conditions (the “Terms“, the “Terms & Conditions”) govern your access or use of the www.freshgourmetcompany.com website (this “Website”) and its contents, products and services (the “Service(s))” as more fully defined in these Terms. This Website, the Services and all related activities are operated and made available in the United States and its territories by Sugar Foods Corporation and its subsidiaries, representatives, affiliates or licensors (collectively, “Sugar Foods Corp.” “we“, or “our“). Sugar Foods Corp.’s collection and use of personal information in connection with the Services and this Website is described in our Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, AS YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE SERVICES. THESE TERMS APPLY TO ALL VISITOR, USERS, AND OTHER WHO WISH TO ACCESS OR USE THE SERVICES.
THIS SITE IS NOT INTENDED FOR MINORS. YOU MUST BE AT LEAST 18 YEARS OLD TO VISIT THIS SITE. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE FOR ANY REASON.
1. General Terms
The general purpose of this Website is to provide information about Sugar Foods Corp.’s Just Add products, product-related activities and operations and to conduct promotional activities related to said products. Any and all communication or interaction with us or this Website in relation to this Website or our Services are included in the term “Services,” among other things.
When you use or Services, including but not limited to posting comments on our Website, filling out forms or questionnaires, or requesting to participate in one of our promotions, you guarantee that you are above the age of 18, and that the information you provide us belongs to and is about you, and that it is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information, or information that otherwise violates the Terms herein may result in the immediate termination of your access to the Services. You may not use as a name or username the name of another person or entity or one that is not lawfully available for use or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Do not misrepresent yourself or take on the identity of someone else while using our Services.
In order to access certain features of our Services, you may be required to enter confidential information such as your username and password for your third party social media accounts. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not post anything on our Website that is inappropriate, offensive, vulgar or obscene, which includes but is not limited to the content you post and the username you use. While Sugar Foods Corp. makes reasonable efforts to monitor and moderate content of comments posted on its Website, neither Sugar Foods Corp. nor its employees or other affiliated individuals have the ability to moderate all comments at all times and cannot always respond immediately to online requests for information. Sugar Foods Corp. reserves the sole right to review, edit and/or delete any comments it deems inappropriate, offensive, vulgar or obscene.
Should you choose to use our Services, you participate at your own risk, and are responsible for the content you post and all activity that occurs under your accounts. If you do not wish to have the information you have made available via a site used, published, copied and/or reprinted in our Website or in our social medial accounts, please do not post on our pages or submit comments or feedback.
If another party makes a claim against Sugar Foods Corp. that is related to the comments you submit, or to your use of this Service, you agree to indemnify and hold Sugar Foods Corp., its member clubs and each of their subsidiaries, officers, agents, employees, partners and licensors harmless from those claims or demands.
2. Intellectual Property
This site is not for the commercial use of others. The Services and its original content, features and functionality are and will remain the exclusive property of Sugar Foods Corp. and its licensors. The Services is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sugar Foods Corp.
3. Third Party Websites
Our Services may contain links to or may be made available or accessed in connection with third party websites, services, products or content (“Third Party Websites”) that are not owned or controlled by Sugar Foods Corp. Sugar Foods Corp. has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third Party Websites. Sugar Foods Corp. does not endorse such Third Party Websites, and in no event shall Sugar Foods Corp. be responsible or liable for any such Third Party Websites.
WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.
By using or accessing our Services you acknowledge and agree that different terms of use and privacy policies may apply to your use or access of such Third Websites and that Sugar Foods Corp. shall not be responsible or liable directly or indirectly, for any damage or loss caused by or in connection with use or reliance or such Third Party Websites.
4. Modifications
Sugar Foods Corp. reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
5. Termination
Sugar Foods Corp. may, immediately and without prior notice or liability, terminate these Terms and/or any Services with respect to you, or generally cease offering or bar access to the Services, in whole or in part, at any time for any reason whatsoever and without limitation, including, but not limited to, suspending, terminating or baring access to our Website and any of our Services. All provisions of the Terms which by their nature should survive termination of your access or use of any of our Services shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you wish to terminate any of your Services, you may simply discontinue using the Services or you may contact us at the contact information provided in below.
6. Indemnification
You agree to defend, indemnify and hold harmless Sugar Foods Corp. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, or b) a breach of these Terms.
7. Limitation of Liability
In no event shall Sugar Foods Corp., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sugar Foods Corp. and its licensors DO NOT warrant that:
- the Services will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Services is free of viruses or other harmful components; or that the results of using the Services will meet your requirements.
9. Additional Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services. These Terms expressly supersede and replace any prior agreements or arrangements with you regarding the Services. No joint venture, partnership, employment, or agency relationship exists between you, Sugar Foods Corp. or any related third-party as a result of these Terms or access or use of this Website or the Services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
10. Contact Us
If you have any questions about these Terms, you can contact us via email at info@freshgourmetcompany.com, or by phone at 1-888-958-6921.