Fresh Family Rewards Terms and Conditions

Fresh Family Rewards Terms & Conditions


Membership & Eligibility


Membership to Fresh Family Rewards ("Membership") is limited to individuals only and is limited to one account per individual in Fresh retail stores in the United States and Fresh.com. Employees, officers, directors, agents, and representatives of Fresh, Inc. ("Fresh") and of its parent, LVMH, and LVMH subsidiaries are not eligible for Membership. You must be age 13 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.


By registering for the Fresh Family Rewards Program (the “Program”), you agree (and, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. Void where prohibited by law. If you are an eligible minor, you represent that you have obtained your parent's or legal guardian's consent prior to participation.


Agreeing to Fresh's Privacy Policy & Email Communication


Fresh values your privacy. The personal information collected from each member, including purchase history and credit card information, will be used and disclosed by Fresh for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by Fresh's Privacy Policy. By registering for the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by Fresh's Privacy Policy and Terms of Use. Please see Fresh's Privacy Policy and Terms of Use at www.Fresh.com.


By registering for the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials, and other communications from Fresh. If you do not wish to receive these communications, you can request that they be discontinued by updating your client account at www.Fresh.com or by contacting Fresh Customer Service at: freshfamilyrewards@fresh.com or 1-800-FRESH20 (1-800-373-7420).


Changes, Termination and/or Removal From Program


Fresh may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program or may terminate the Program at any time at its sole discretion, without prior notice.


Fresh reserves the right to exclude individuals from the Program in its sole discretion. Your Membership will expire and be revoked by Fresh if you do not make a purchase on Fresh.com or in a Fresh retail store in the United States within a 24-month period. Any abuse of the Program, failure to follow any terms of the Program, any misrepresentation or any conduct detrimental to the interests of Fresh may also subject members to Membership revocation and will affect eligibility for further participation in the Program. Points accumulated in your Membership account from your purchases will not expire while your Membership is active but will be deducted if you return your purchase. However, if your Membership is revoked, any points in your account will automatically expire. Fresh reserves the right to make changes to its website and these disclaimers, terms, and conditions at any time. It is your responsibility to check or review these terms and conditions from time to time to keep informed of any changes.


Limitation of Liability


FRESH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON FRESH'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FRESH AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.


Copyright


All Program design, text, graphics, logos, button icons, images, audio clips, video clips, the selection and arrangement thereof, and all proprietary software is Copyright © 2013 Fresh, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of Fresh and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Fresh or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display, or performance - without the prior written permission of Fresh is strictly prohibited.


Trademarks


Fresh.com and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Fresh and may not be used in connection with any product or service that is not offered by Fresh in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fresh. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.