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Terms of Use

The bfresh™ mobile application, including freshcan™, and the www.bfr.local website are operated by Fresh Formats LLC dba bfresh™. Our mailing address is 780 Dedham Street, Canton, MA 02021.

Your use of our website, mobile application and freshscan™ are governed by these terms of use and your use thereof constitutes your agreement to these Terms of Use. bfresh reserves the right to update or modify these Terms of Use at any time without prior notice, and your use of our website, mobile application or freshscan following any such change constitutes your agreement to the revised Terms of Use.

Use of the content on our website, mobile application and freshscan™

All of the content on our website, mobile application and freshscan, including without limitation the images, graphics and text, as well as the underlying software, networks and systems that support them, are owned by or under license to bfresh and are protected by applicable patent, trademark, trade dress, copyright and other rights. No right, title or interest in any part of the content on our website, mobile application or freshscan is transferred to you.

The content we choose to make available on our website, mobile application and freshscan from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you. This means that you may not modify, alter or prepare other works based on the content, or distribute copies of or publicly perform or display the content, such as by posting the content on any network computer or distributing the content on or in any media.
We expect you to use our website, mobile application and freshscan responsibly and to respect the rights of others. You agree that you shall not access data not intended for you or log onto a server or an account that you are not authorized to use. You also agree that you shall not attempt to interfere with service to any other user, or the software, networks or systems that we use to bring our website, mobile application or freshscan to you, such as by submitting a virus to our website or mobile application or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” our website. Finally, you agree not to use any device, software or routine to interfere with the proper working of our website, mobile application or freshscan or to navigate or search our website, other than by using the search tools available on our website and other generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Use of the freshscan™ mobile app

The freshscan mobile application may not be i) used for any purpose other than the purpose for which we intend, ii) copied (except for backup purposes), iii) further distributed or transferred or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. We reserve the right to rescan items regardless of the indication on the freshscan receipt. In the event of a different total, you will be responsible for payment of the total determined by the rescan. Use of freshscan is considered a service for the convenience of our customers, so we reserve the right to vary these terms and conditions and or to discontinue the freshscan service at any time for any reason either for a specific customer or for all customers.

Privacy

Our Privacy Policy is located on this website and applies to your use of our website and mobile application.

Links

Our website or mobile applications may include links to websites that bfresh does not operate. These Terms of Use do not apply to and bfresh is not responsible for the operators of those websites. As you navigate through this and other websites, it is important to regularly check the website terms and conditions that may apply.

Submissions

We welcome your comments and suggestions concerning our website or mobile applications or any other product or service we may offer. However, we accept such comments and suggestions under the condition that you grant to bfresh an irrevocable, perpetual, worldwide, royalty-free, transferable license to use, copy, prepare derivative works based on and publicly perform, display and distribute the information and material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that this license is effective automatically (without further action by you) when you submit the information or materials to us. Obviously, you should not send us any information or materials that you do not want to transfer to bfresh, or that you are legally prohibited from transferring to us, such as confidential information or product or service ideas from which you intend to derive revenue.

Product and service images and descriptions

We are committed to providing accurate information to our customers. As an important part of that effort, we voluntarily provide such material on our website and mobile applications. We rely largely upon third parties to provide us with this information on an ongoing basis and to advise us immediately whenever any new claims or adjustments to product information is made, so that we can properly maintain its accuracy on our website and mobile applications. In addition, the information on our website and mobile applications may contain typographical or other human errors and may not be complete or current despite our efforts. We cannot guarantee that any product or service image or description will be accurate in all respects. So, we strongly encourage you to read the labels of any of the products you purchase in order to make certain that they are compatible with your own preferences and expectations.

Additional terms and conditions and compliance with laws

Certain of the products and services that bfresh offers, such as gift cards, are subject to terms and conditions in addition to these Terms of Use. If you wish to see the terms and conditions that apply to gift cards or any other product or service, please visit our store. It is your responsibility to comply with such terms and conditions, as well as with all laws and regulations that apply to your purchase and use of any product or service. The risk of loss and title to items purchased from our website or mobile applications pass to the purchaser upon our delivery to the carrier.

Promotions

You may not use bfresh’s tradename, trademarks, service marks or other intellectual property assets or its branded products and services, such as gift cards, for promotional, advertising or any other commercial purpose, unless and to the extent we otherwise specifically agree in writing.

Disclaimer and limitation of liability

OUR WEBSITE AND MOBILE APPLICATIONS AND THE CONTENT THEREON ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BFRESH DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BFRESH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE OR MOBILE APPLICATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND ANY OF OUR AFFILIATES’ AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.00).

August 2015