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Fresh Rewards Terms & Conditions
Membership & Eligibility
Membership in Fresh Rewards ("Membership") is limited to individuals only. Membership is limited to one account per individual. Employees, officers, directors, agents, and representatives of Fresh, Inc. ("Fresh") and its parent, subsidiary, and affiliated companies are not eligible for Membership. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.
By registering for the Fresh Rewards Program (the “Program”), you agree to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. Void where prohibited by law.
By registering for the Program, you agree 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: firstname.lastname@example.org or 1-800-373-7420.
Earning and Redeeming Program Rewards
For every U.S. dollar you spend on merchandise (excluding the purchase of egift certificates, gift cards, taxes, and shipping fees) at any Fresh retail store in the United States or on Fresh.com, you receive one point. Points may be redeemed for rewards (“Rewards”) to be determined by Fresh in its sole discretion. Please see the Fresh Rewards FAQ for current redemption options.
Subject to the Termination provision of these terms and conditions, points accumulated in your Membership account from your purchases will not expire while your Membership is active. If any item for which you earned points is returned, the points earned in connection with that purchase will be deducted from your account. Points are non-transferable, may not be redeemed for cash and cannot be exchanged, sold or returned. Rewards are not valid with other offers.
Fresh Rewards members who spend a combined minimum of Two Hundred Dollars ($200) on merchandise net of promotions and discounts (excluding the purchase of egift certificates, gift cards, taxes, and shipping fees) at Fresh retail stores in the United States and on Fresh.com in any twelve (12) month period will earn Family status. Family status is valid for the twelve (12) month period following the date of qualification, and annual requalification is required.
Fresh Rewards members who spend a combined minimum of Seven Hundred Dollars ($700) on merchandise net of promotions and discounts (excluding the purchase of egift certificates, gift cards, taxes, and shipping fees) at Fresh retail stores in the United States and on Fresh.com in any twelve (12) month period will earn Forever status. Forever status is valid for the twelve (12) month period following the date of qualification, and annual requalification is required. Forever members will be eligible for free shipping with no order minimum on Fresh.com and in-store during the period in which the Forever status is active.
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. Fresh 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. If you do not make a purchase on Fresh.com or in a Fresh retail store in the United States for 24 months, your Membership and any accumulated points will expire. 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. Membership is non-transferable. Only purchases made by the member are eligible for point accumulation. Only the member may redeem any discount or reward. If your Membership is revoked or is otherwise cancelled, any points in your account will automatically expire. Fresh reserves the right to make changes to the Rewards, 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. By continuing to use the Fresh.com website or participating in the Program following any changes, you agree to be bound by such changes.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, 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 THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FRESH AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
All Program design, text, graphics, logos, button icons, images, audio clips, video clips, the selection and arrangement thereof, and all proprietary software is Copyright © 2013-2017 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.
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.
The Program is created and controlled by Fresh in the State of New York, U.S.A. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of courts located in the State of New York in all disputes arising out of or relating to these terms and conditions or the Program.