Terms of Use

Welcome to the Fresh City web site, www.freshcity.com (the “Site”). By using this Web Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Fresh City may from time to time modify or revise the Terms by updating this Web page. Please check the Terms of Use periodically for changes. Your continued use of this Site constitutes your agreement to follow and be bound by the terms and conditions including any changes we have made.

Proprietary Rights and Restrictions

This site and its contents, including without limitation all informational text, headers, custom graphics and button icons, photographs, audio, video, messages, files, documents, sound, images or other materials (collectively referred to as “Content”) are the property of Fresh City Franchising and/or its affiliates, or licensors. The Web Site is protected by U.S. and International copyright laws.

The Site and its Contents are intended solely for personal, non commercial use by the users of our Site. The materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, include by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any Web Site or networked computer environment, or use of the Materials for any purpose other than personal, non–commercial use is a violation of the copyright, trademark and other proprietary rights in the Materials and is strictly prohibited.

Links

This site may contain links to web sites operated by other parties. The linked sites are not under the control of Fresh City, and Fresh City is not responsible for the content available on any other Internets sites linked to our site. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Submissions

We appreciate your comments, feedback and remarks. By submitting content to the Web Site including remarks, suggestions, ideas, graphics or other information communicated to Us through You, the submission will become our property, including any future rights associated with such submissions. You acknowledge that you are responsible for the material you submit, and You, not Us has full responsibility for the message, including reliability, appropriateness, originality and copyright.

Information We Collect

You do not have to provide any information to us in order to use our Web Site. The only information we collect from you is information you choose to submit to us. This includes, comments, feedback forms, and franchise requests for information. Some areas of the Site require registration for use. In those instances, we require that you register information with us. Please review our Privacy Policy and minimum age requirement to participate in certain areas of the site. You must complete the registration process by providing Us with current, complete, accurate information as prompted by the form(s). You further agree to maintain or promptly update any registration information in order to keep it true, accurate and correct.

As a general practice, we do not sell your personally identifiable information to third parties. We may access, use or disclose your personally identifiable information to operate, maintain, service or improve our site. Generally, personal information that you provide through our web site is information we may seek to enhance our customers experience in the Fresh City restaurants or the Fresh City Web site. We use third party suppliers and service provides to facilitate our web site and may make Personal Information available to them to the extent necessary for them to host our web site or to provide others services to Fresh City. Whenever we do this, we use commercially reasonable efforts so that our third party suppliers and service providers agree to maintain the confidentiality of the Personal Information we provide to them.

Fresh City is concerned about the safety and privacy of all its users, particularly children. Fresh City will not knowingly collect information from users under the age of 13. If you are under the age of 13, please do not provide us with any personal information.

E-Mail Submissions

E-mail submissions may not be secure over the Internet. Please consider this fact before e-mailing any personal or confidential information.

Contacting You

Occasionally, we may send you e-mail communications to provide information or offers that we think may be of interest to you. You can choose not to receive additional e-mails from us by following the “unsubscribe” procedures in the e-mail you may receive.

Employment Opportunities

The positions listed in this site may include opportunities with locations owned and operated by our franchisees, as well as locations owned and operated by Fresh City and its affiliates. The positions in franchise locations may be subject to different terms and conditions including, but not limited to benefits, employment policies and the like. We accept no responsibility or liability with respect to the terms and conditions of employment with a franchise restaurant. Any postings on this site do not represent an offer for employment. Any offer must be made by an authorized representative of either Fresh City for company operated locations, or franchisees for franchise operated locations.

Franchise Opportunities

Some materials in this site describe Fresh City’s franchise program. They do not constititute an offer or sale of a franchise. Such offering is only commenced by delivering you a prospectus in compliance with applicable law, including, without limitation, the Federal Trade Commission’s guidelines on Franchising and various state laws regulating the sale of franchise opportunities.

Online Ordering, Gift Card and Retail Purchases

We may use a third-party service provider to facilitate the Online Ordering, Gift Card and other retail purchases that we may make available through the Web Site. The information you submit while placing an order including your name, address, phone number and credit card information may be collected by the third-party provider. Fresh City will not share this information with other third parties. We require that our service providers maintain your information on a secure server and use industry standard technology and security procedures for all payment processing. The products and services that we and our service providers offer are entirely voluntary. It is your choice to purchase these products and to participate in our feedback surveys.

Our Limitations

We respect your privacy. Due to existing legal and technical fluctuations, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. We may disclose such information to third parties as we believe necessary or appropriate, in connection with any merger or consolidation with, or sale of substantially all of our assets. We may also be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we believe necessary or appropriate to address or resolve inquiries or problems.

Governing Laws, Location and Miscellaneous

You agree that the Terms of Use are governed by the laws of the State of Massachusetts (notwithstanding any conflict of law principles). If any provision of these Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These terms are effective unless and until terminated by Fresh City. No waiver by either party for any breach or default hereunder shall be a waiver of any preceding or subsequent breach or default. The section headings are for convenience only.

You agree to indemnify, hold harmless and release Us, and each of our respective subsidiaries, affiliates, agents, licensees, employees and third parties against any and all claims, damages, costs and expenses, including attorney’s fees arising from and related to your use of the Site, and any content contained in the Site and/or any transaction you enter into with a third party based on information or contacts obtained from the Site.

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