PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of the Fred and Ricky’s Plant Delicious Foods (“Fred and Ricky’s”) website (the “Website”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
Except for items in the public domain, the information and all other materials comprising the Website (collectively, the “Materials”), are wholly owned by (or licensed to) Fred and Ricky’s and/or its content providers. The Website contains copyrighted material, trademarks, and other proprietary information. Fred and Ricky’s owns a copyright in the selection, coordination and arrangement of the Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Fred and Ricky’s or such other party that may own the Materials.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to refuse service to anyone for any reason at any time.
2. GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. USE OF WEBSITE.
Except for your non-commercial personal use, the Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading or otherwise submitting a file, comments, feedback, suggestions or other information (“Contribution”) to the Website, via email postal mail or otherwise, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Fred and Ricky’s a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
5. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.
6. SERVICE AND MODIFICATIONS THEREIN
We reserve the right to refuse service for anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuation of Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. RETURN POLICY
We CANNOT accept returned food items, however, we will issue a replacement credit for any food item that was damaged, spoiled, or impaired as a direct result of shipping or delivery.
9. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. NO WARRANTIES AND LIMITATION OF LIABILITY.
Your use of the Website is at your sole risk. The material on this site is provided for general information only. Fred and Ricky’s strives to ensure the accuracy of the information presented on the Website, however we are not responsible if information made available on this site or service is not interrupted, accurate, complete, current or error free.
You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website. For this reason, neither Fred and Ricky’s nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.
The website, service and the content provided thereon is provided “as is”, and neither Fred and Ricky’s nor any of its affiliates, subsidiaries, business units, suppliers, content providers, licensors, employees, agents, or the like makes any express or implied representations or warranties regarding the usability, condition or operation thereof.
Fred and Ricky’s, on behalf of itself and all of its affiliates, subsidiaries, business units, content providers, agents and the like, hereby expressly disclaims any and all warranties and/or representations, whether express or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, compatibility, security, reliability, accuracy, and/or fitness for a particular purpose (whether or not Fred and Ricky’s knows, has reason to know, has been advised, or is otherwise in fact aware of any such purpose), in each instance in respect of the website. Furthermore, Fred and Ricky’s, on behalf of itself and all of its affiliates, subsidiaries, business units, content providers, agents and the like, hereby expressly disclaims any and all warranties of title and/or non-infringement in respect of the website.
No oral advice or written information given to you by Fred and Ricky’s or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither Fred and Ricky’s nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality.
13. LIMITATION OF LIABILITY
Fred and Ricky’s and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Fred and Ricky’s has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Fred and Ricky’s and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. Fred and Ricky’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.
You agree to indemnify Fred and Ricky’s and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
The Website may contain links to websites operated by parties other than Fred and Ricky’s. Such links are provided for your reference only. Fred and Ricky’s does not control such websites and is not responsible for their contents. Fred and Ricky’s makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply Fred and Ricky’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
16. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.
17. NO WAIVER
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Fred and Ricky’s nor the trade practice shall modify any provision of these Terms and Conditions.
Fred and Ricky’s may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
19. ADDITIONAL TERMS
Additional terms and conditions may apply other portions of the Website, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. INTELLECTUAL PROPERTY NOTICES
All content of the Website are Copyright © 2015 Fred and Ricky’s Corporation and/or its suppliers. All rights reserved. Product and company names mentioned in the Website are the trademarks of their respective owners.
22. POLICIES GOVERNING OUR COUPONS & PROMOTIONAL OFFERS
Fred & Ricky’s may occasionally provide Coupons and/or Promotional Offers in both hard copy and electronic formats (herein called “CPO”) for our customers. The following policies shall govern our customers’ use of CPO:
23. ENTIRE AGREEMENT
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
24. CHANGES TO TERMS OF SERVICE
The most current Terms of Service can be found on this page. We reserve the right to update change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your use of or access to our website or our service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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