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Terms & Privacy

Refund Policy

Privacy Policy

Terms of Service


 

 

Refund Policy

We want you to be thrilled with your order. If you’re not, let us know and we’ll make it right. Please contact us at services@freshalley.com or call 1-800-571 6066.

 

 

 

Privacy Policy

Welcome to FRESHALLEY.COM. Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information that we receive when you use our Services. This Privacy Policy does not apply to any third-party websites, services, or applications, even if they are accessible through our Services. Any information that we collect is subject to the privacy policy in effect at the time that Information is collected. We may, however, modify and revise this Privacy Policy from time to time.

At FreshAlley, Inc. ( FreshAlley) our goal is to protect the privacy and security of your personal information.
By visiting and/or using our Website, you accept the practices described in this Privacy Policy.
We reserve the right to update, change, modify, or otherwise alter this Privacy Policy at any time. If any material changes are made to this Privacy Policy, we will notify you by posting the revised Privacy Policy on the Website or notify you through the Website.

ANY ACCESS TO, OR USE OF, THE WEBSITE BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THIS PRIVACY POLICY.

Accordingly, we encourage you to periodically review this Privacy Policy and the Website in order to keep apprised of our current privacy practices. If you do not agree to our privacy practices as detailed here, please do not use this Website. In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Website, products, and services.

Information We Collect
We may collect information (including name, address, telephone number, email address, IP address, user name, password, answer to security questions, information about your company or business, name and contact information about gift recipients, and, when necessary, date of birth and credit card and/or other payment/ordering information) when you:
1. Place an order over the phone or on our Websites
2. Return an item or make an exchange
3. Inquire about our services or products
4. Subscribe to receive communications from us via email or register for an account on our Website
5. Participate in one of our surveys, contests, or other marketing events
6. Are referred to us though a marketing promotion or third-party business relationship
7. Are sent our products as a gift
8. Submit information for employment consideration

We also may gather information about how visitors navigate through our Website by using clickstream data gathered with “cookies” and/or other online tools such as “pixel tags.” See "Cookies" below for further information.
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. We also contact you for promotional communication. If you decide at any time that you no longer wish to receive such communications from us, please write to services@freshalley.com. There are, however, some administrative communications that we have to send you from time to time, from which you cannot unsubscribe.

Account Information. If you create an Account, we’ll collect certain information that can be used to identify you, such as your name, email address, postal address, phone number, and credit-card number or other billing information. If you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and email address and other PII that your privacy settings on the SNS Account permit us to access.

Information Collected Using Cookies and other Web Technologies. Like many website and mobile-application operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your hard drive by a Web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage may also place their own Cookies on your hard drive. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as clear gifs or) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on your hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services, including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol address (“IP Address”), browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on, and other statistics. We use this information to administer the Services, and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We use the IP Address to generate aggregate, non-identifying information about how our Services are used.
Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, such as a device identifier, user settings, and the operating system of your device, as well as information about your use of our Services.

Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation or through GPS or sensor data from your device that provides information on nearby Wi-Fi access points and cell towers to locate your mobile device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you can disable that feature on your mobile device.

Using the Information We Collect
The use of your information is subject to the privacy policy and terms of use in effect at the time you use this Website. We collect information that allows us, among other things, to:
1. Send you information and newsletters and/or communicate promotional offers that may be of interest to you about FreshAlley or select third parties’ products
2. Process and fill your orders, contact you concerning the status of an order, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary
3. Contact you regarding the processing of your order
4. Improve our products and services
5. To personalize and improve our services and Website, and allow you to set up a user account and profile that can be used to personalize your experience in using our services and Website
6. To provide you with a streamlined checkout experience
7. To provide you with targeted offers and advertising on the Website, through other websites or via direct mail, email, text message, or push notifications, and to contact you about upcoming FreshAlley promotions, offers, and product information
8. To help us learn more about our Website visitors and customers, and to improve their shopping experience and our business
9. To develop new products and services
10. To research and address any problems with our Website, business, and our products and services
11. To protect the security or integrity of the Website and our business

Otherwise, as described to you at the point of collection
We may use aggregated data that does not identify you personally for any purposes, including without limitation, research, commercial purposes or improving our website. We may use your email address to contact you to respond to your inquiries, to provide notices to you or to give you information about our products or services.

Information We Share with Others
We may partner with another party to provide specific services for us, such as credit card processing, shipping, promotional, or other support services. We will provide contact or other information necessary for the third party to provide these services for us. These parties are generally not allowed to use personally identifiable information except for the purpose of providing these services.

We may also share and cross-reference our customer information with other companies that provide goods or services that may be of interest to you. If you prefer that we not share this information, please follow the instructions in “Your Choices” below.

We may share personally identifiable information with unaffiliated third parties if (1) you request or authorize it, (2) the information is provided to help complete a transaction for you, (3) the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others, (4) the disclosure is done as part of a purchase, transfer, or sale of services or assets (e.g., in the event that we sell assets to another party, customer information may be one of the transferred assets), (5) the information is provided to our agents, outside vendors, or service providers to perform functions on our behalf, (6) the third parties provide goods or services that we believe may be of interest to you, or (7) the information is provided to such third parties as otherwise described in this privacy policy.

Your Choices
Remove Your Name from Our Lists at Any Time
If you prefer not to receive offers, emails, or other communications from FreshAlley or one of our brands via email, U.S. mail, or telephone, please email Customer Service at services@freshalley.com
Because customer communications are often prepared well in advance of deployment (sometimes several months before the communication is made), you may continue to receive some communications after you send us a request not to use your information. We appreciate your patience during this time.

If you no longer wish to receive email communications from us regarding our products, partner offers, special offers or services, and/or newsletters, you may choose to stop receiving these emails at any time. Please write to services@freshalley.com. Please be sure to include your full name, email address, and specifically what type of information you do not want to receive. If you opt out of receiving marketing email, we will continue to send you emails regarding order confirmation and shipment notification when you place an order with us.

Your California Rights
FreshAlley and our brands may disclose your personal information to third parties for their use in marketing to you unless you tell us not to. In order to opt out of such sharing or for further information, please email services@freshalley.com, or write us at our address. Please be sure to include your full name, mailing address, email address, and specifically what type of information you do not want to receive. Please allow up to six to eight weeks to process your request from the date of receipt.

Cookies
A cookie is a piece of data stored on your hard drive that contains information about your computer. Cookies may be used to enable us to track and target your interests for the purpose of enhancing your experience on our Websites. Some cookies are deleted once you leave our Website (“Session cookies”) while other cookies remain after your leave our Website (“Persistent cookies”) so that you are recognized when you return to the Website. We may use persistent cookies to enable us to provide services to you, including order history, address book, etc. If you would like to deactivate our ability to analyze your browsing activity, please email services@freshalley.com, or write us at the address provided above. We may also use technologies such as our own cookies to provide you with enhanced online display advertising. To opt out of advertising provided by FreshAlley, please email services@freshalley.com, or write us at the address provided above. If you reject certain cookies, you may still browse our Website; however, you may not be able to purchase or have access to all of our services.

We currently do not employ technology that responds to “do-not-track” signals from your browser. We may use third-party service providers to serve ads on our behalf across the Internet and sometimes on this Website. These companies may collect information about your online activities over time and across different websites when you use our site and use such information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services. This information is collected through the use of pixel tags or cookies.

Correcting, Changing or Deleting Information; Disabling Account
You can (a) access, correct, or update your Personal Information, and/or (b) disable your account to prevent any future purchases through that account. You can make these requests by emailing your request to FreshAlley Customer Service department at services@freshalley.com. Please clearly label the subject line "Corrections/Disabling Account," and do not email your credit card number or other sensitive information. In specific circumstances, proof of identity and payment may be required.

If you would like to unsubscribe from receiving our newsletter or promotional emails from us, please contact us at services@fresahalley.com (and put "Unsubscribe" or "Opt Out" in the subject line).

Promotions and Contests
From time to time we may offer promotions or contests on our Website. If you choose to participate we may collect information including your name, address, age, telephone number, email address, or other contact information. We may also request other information, some of which may be optional. Participation is subject to the rules governing that promotion. The information may be used to conduct the promotion and for other business purposes which may include marketing and may be shared with our affiliates, vendors, or third parties in accordance with this privacy policy and the applicable rules.

Child Privacy
Our websites are not designed to appeal to minors, and you are required to be 18 years of age in order to use this website or provide information to us. Therefore we do not knowingly attempt to solicit or receive any information from children under 18.

You should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to services@freshalley.com or write to us at:
FreshAlley, 640 W California Avenue, Suite 201, Sunnyvale, CA -94086

Because data transmission over the Internet is never 100% secure we cannot guarantee the security of any information you transmit to us or from our websites and therefore you use our websites at your own risk.
You play a significant role in protecting your information. After you register on our website you are responsible for protecting the security of your user name and password. You are responsible for any transaction made using your user name and password.

If you need to communicate with us regarding your credit card or other payment information please contact us by mail at the address above.

We are not responsible for maintaining the confidentiality of any non-public information that you provide us or post on the website. If there is information that you wish to protect from disclosure to others, please do not provide it to us.

Links to Other Sites
Our website may contain links to other sites over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. We encourage you to review the privacy policy at any site you visit.

Notification of Changes
The use of your information is subject to the privacy policy in effect at the time of use. We may amend this privacy policy from time to time. We post the current effective date of this policy at the top of the policy. Changes to the policy will be posted in the revised privacy policy with a new effective date on our websites. We encourage you to review our privacy policy periodically, because by visiting our website you agree to accept any such changes.

Website Terms of Use
This privacy policy is part of our Terms of Use. Any dispute over privacy is subject to this Privacy Policy and our Terms of Use.

Questions or Feedback?
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue to services@freshalley.com or write to us at:
FreshAlley, 640 W California Avenue. Suite 210, Sunnyvale, CA -94086

 

 

 

Terms of Service

Agreement between user and FreshAlley, Inc.

Welcome to FreshAlley, Inc ( FreshAlley). We are on a mission to democratize fresh food and healthy experiences. The:freshalley.com website (the "Site") is comprised of various web pages operated by FreshAlley and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications
Visiting freshalley.com or sending emails to FreshAlley constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FreshAlley is not responsible for third party access to your account that results from theft or misappropriation of your account. FreshAlley and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without FreshAlley’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FreshAlley may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
FreshAlley does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use freshalley.com only with permission of a parent or guardian.

We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Services
We provide a platform through which users can buy quality meals and food items (the “Meals”) at fixed prices. We want you to love not just the Meals you find on our Site and in our App but also the whole experience you get from using our Services. We’re confident that you’ll love FreshAlley, but please understand that you use our Services at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services.

When you buy a Meal or Products through any of our Services (such purchase, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

All sales are final. But if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order, we’ll refund any payment you may already have remitted to us.

We make a conscientious effort to describe and display every Product and Meal accurately on our Site and in our App.However, occasionally a Meal or Product you receive won’t look or taste exactly as it was described or depicted to you. You understand that this is normal, and you agree to accept such a Meal or Product, regardless of reasonable variation from its description or depiction. We can’t and don’t guarantee the accuracy or completeness of any description or depiction of any Meal or Product. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving you notice.

We can’t guarantee that every Product or Meal will arrive exactly within the timeframe we give you when you initiate a Transaction. If it arrives early or late, you agree that you will still accept the delivery and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery.
If you have a complaint or dispute concerning a Products or Meal you’ve purchased through our Services, please contact us, and we’ll try to fix the problem in the manner we deem appropriate, in our discretion.
Feedback

We welcome feedback, comments, and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by emailing us at services@freshalley.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Refund Policy
We want you to be completely satisfied with your order. If you’re not, let us know at services@freshalley.com and we’ll make it right.

Links to third party sites/Third party services
FreshAlley.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FreshAlley and FreshAlley is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FreshAlley is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FreshAlley of the site or any association with its operators.

Certain services made available via freshalley.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the freshalley.com domain, you hereby acknowledge and consent that FreshAlley may share such information and data with any third party with whom FreshAlley has a contractual relationship to provide the requested product, service or functionality on behalf of freshalley.com users and customers.

Specific Prohibited Uses
You are responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of your posting on or through the Website. FreshAlley specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
1. Posting any information that is incomplete, false, inaccurate, or not your own
2. Impersonating another person
3. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national, or international law or regulation, or that fails to comply with accepted Internet protocol
4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
5. Posting material that reveals trade secrets, unless you own them or have the permission of the owner
6. Posting material that infringes on any other intellectual property, privacy, or publicity right of another
7. Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of U.S. export control laws
8. Attempting to interfere in any way with the Website's or FreshAlley ' networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system.
9. Use, display, mirror, or frame our Site or App or any individual element within our Site, Services, Logo or App
10. Access, tamper with, or use non-public areas of the Site or App, our computer systems, or the technical delivery systems of providers;
11. Attempt to probe, scan, or test the vulnerability of any FreshAlley system or network or breach any security or authentication measures;
12. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FreshAlley or any its providers or any other third party (including another user) to protect the Site, App, Services, or any of their Content;
13. Attempt to access or search the Site, App, Services, or any of their Content or download any Content from them through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data-mining tools, and the like) other than the software or search agents provided by us or other generally available third-party web browsers;
14. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
15. Use any meta tags or other hidden text or metadata utilizing a FreshAlley trademark, logo URL, or product name without our express written consent;
16. Use the Site, App, Services, or any of their Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
17. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting or in any way use the Site, App, Services, or any of their Content to send altered, deceptive, or false source-identifying information;
18. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, Services, or any of their Content;
19. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, App, or Services;
20. Collect or store any personally identifiable information from the Site, App, or Services from any other user without the user’s express permission;
21. Impersonate or misrepresent your affiliation with any person or entity;
22. Violate any applicable law or regulation; or
23. Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

We’re not responsible for the availability of outside websites or resources linked from our Site or our App. We don’t endorse and aren’t responsible or liable for any content, advertisements, products, or other materials on or available from such websites or resources. You understand and agree that we won’t be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.

Security Rules
Violations of system or network security may result in civil or criminal liability. FreshAlley will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
1. Accessing data not intended for such user or logging into a server or account that user is not authorized to access
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
3. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, denial of service attacks, or any other effort to cause "crashing" of the Website
4. Sending unsolicited email, including promotions and/or advertising of products or services
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use freshalley.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FreshAlley that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by FreshAlley, one of its affiliates, or by third parties who have licensed their materials to FreshAlley. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and FreshAlley owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading. FreshAlley reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment, or agency relationship exists between FreshAlley and you as a result of these usage.

Terms or your use of the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FreshAlley or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from FreshAlley. Products available on FreshAlley are not intended for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FreshAlley and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FreshAlley or our licensors except as expressly authorized by these Terms.

Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

FreshAlley has no obligation to monitor the Communication Services. However, FreshAlley reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FreshAlley reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FreshAlley reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FreshAlley’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FreshAlley does not control or endorse the content, messages or information found in any Communication Service and, therefore, FreshAlley specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
FreshAlley does not claim ownership of the materials you provide to freshalley.com (including feedback and suggestions) or post, upload, input or submit to any FreshAlley Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FreshAlley, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FreshAlley is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FreshAlley’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users

The Service is controlled, operated and administered by FreshAlley from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FreshAlley Content accessed through freshalley.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless FreshAlley, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services or products, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FreshAlley reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FreshAlley in asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FreshAlley AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THIS WEBSITE, PRODUCTS AND SRVICES ARE PROVIDED BY FreshAlley ON AN "AS IS" AND "AS AVAILABLE" BASIS. FreshAlley MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FreshAlley DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FreshAlley DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE FRESHALLEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FreshAlley AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FreshAlley AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FreshAlley AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FreshAlley OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY MEALS YOU HAVE RECEIVED EXCEED THE AMOUNTS YOU HAVE PAID TO FRESHALLEY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Termination/access restriction
FreshAlley reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Choice of law; arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FreshAlley as a result of this agreement or use of the Site. FreshAlley’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FreshAlley’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FreshAlley with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FreshAlley with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FreshAlley with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
FreshAlley reserves the right, in its sole discretion, to change the Terms under which freshalley.com is offered. The most current version of the Terms will supersede all previous versions. FreshAlley encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
We welcome your questions or comments regarding the Terms:
FreshAlley, Inc.
640 W. California Avenue, Suite 210, Sunnyvale, California- 94086
Email Address: services@freshalley.com
Telephone number: 1-800-571 6066
Effective as of August 25, 2015