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Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) is a legal agreement between The Fresh Market, Inc. (“The Fresh Market”) and you, as a user of this web portal. By accessing information on this web site you acknowledge that you have read, understood and agreed to comply with the terms and conditions stated within this Agreement. If there is any conflict between this Agreement and the terms of any other agreement that you have entered into with The Fresh Market, those terms will supersede the terms of this Agreement.

The Fresh Market reserves the right to change these terms and conditions periodically at its sole discretion. Your continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

1. What You Can Expect – Shopping & Delivery

The Fresh Market web site allows you to purchase a variety of food and food-related items. When you order from The Fresh Market web site, The Fresh Market’s employees will shop and prepare your order for delivery. Prices of items sold in the store may vary from those items sold on the Internet. Delivery will be made by the U.S. Postal Service, Federal Express, or UPS, depending on the shipping option you select. The delivery will be made at the delivery address you specify in your order. Payment must be made at the time you place the order. The Fresh Market is not responsible, and you agree not to hold The Fresh Market or its employees responsible, for any damage or theft that occurs during delivery.

You acknowledge that The Fresh Market may, prior to delivery, modify, cancel or ship only portions of the product(s) that you order. The Fresh Market will try to notify you of any such changes.

With standard delivery, The Fresh Market endeavors to ship the next business day, with orders arriving in 7-10 business days to most locations.

2. Privacy and Your Personal Information

In order for us to process your order, we will need to collect personal information from you. Collection of this information is governed by our Privacy Policy, which may be accessed at http://www.freshmarket.com/privacy-policy

As discussed in the Privacy Policy, The Fresh Market takes security measures to protect the personally identifiable information that you send to us over the Internet. All personal information (such as name, address, and credit card number) entered on our registration and order forms is transmitted in an encrypted form. If you do not use an SSL browser, we urge you to obtain and use Netscape Navigator 6.0+ or Microsoft Internet Explorer 5.0+ .

The Fresh Market is the sole owner of any information we collect from you. While we primarily use the information you provide to us for billing and fulfillment purposes, we reserve the right, subject to our Privacy Policy, to share this information with third parties and to use such information to provide you with other services, including the following:

Future Visit

We may use your personal information to customize your web experience so that we will remember you and your preferences Sharing of Information

For information about how we share your personally identifiable information, please visit our Privacy Policy at http://www.freshmarket.com/privacy-policy

Email Communications

We may email you about the orders you place on our site. You may also receive occasional email communications regarding our site, partner offers, special offers or services, products or newsletters. You may choose to stop receiving these emails at any time. If you prefer that we not share this information, please click here to send us an email. Please be sure to include your email address, full name, and specifically what type of information you do not want to receive.

3. Registration

Registration is necessary to enjoy all of our products and services and to enhance your online shopping experience. To register, please complete the online registration form at http://www.thefreshmarket.com/login/. For orders, we request you provide contact information (including your name, billing address, telephone number and email address, and the name and shipping address of the recipient) and financial information (including credit card number and expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this contact information to get in touch with you.

Upon registration, you will be issued a customer identification number and password allowing you access to your personal information. We will keep your password strictly confidential, and ask that you do the same in order to protect from unauthorized use. You agree to notify The Fresh Market promptly of any such unauthorized use of your password or account information. You will remain liable for any use of The Fresh Market web site until you notify The Fresh Market of such unauthorized use.

4. Fees, Payment and Access

You are responsible for, and agree to pay promptly, all charges, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that The Fresh Market may incur in its efforts to collect any unpaid balances from you. Your right to use The Fresh Market is also subject to limits established by your credit card issuer.

5. Your Conduct

You agree that all the information accessed by you will be used only for your personal purposes. You will not make any other unauthorized use of this web site, or any interactive features available on the web site or disseminate and make publicly available any of the information it obtains from the web site. You may use downloaded material only for your personal use. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state or local laws.

Any news services, nutritional information, quotes or other content on the web site is provided for informational purposes only. The Fresh Market shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the web site.

6. Termination

The Fresh Market may suspend or terminate your ability to make purchases from our web site at any time for any reason with or without notice to you.

7. Corporate Identification and Trademark

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this web site are the property of The Fresh Market, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without The Fresh Market’s prior written permission. The use of The Fresh Market’s Marks on any other web site, without authorization, is prohibited.

8. Proprietary Rights to Content

All materials contained on the web site are protected by copyright law except where explicitly noted otherwise. All rights reserved.

You acknowledge and agree that content, including, but not limited to, text, software, photographs, video, design, graphics or other material contained in the web site (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute or create derivative works from this Content or otherwise use, transmit, rebroadcast, publish, or distribute in any form this Content other than as expressly authorized by this Agreement without The Fresh Market’s prior, written consent. You understand and agree that you are permitted to make one (1) copy of such Content for personal use only, provided you:

  • Keep all copyright and other proprietary notices on every copy you make.
  • Use the material in a manner consistent with this Agreement.
  • Understand that we are not transferring ownership of the materials directly or by implication, nor are we granting any license or right to our trademarks, tradenames, or copyrights of any party.
  • Using any of our materials for a commercial purpose-without our express written consent-violates our copyrights and other proprietary rights.

9. Links to Third Party Sites

At times, the web site may contain links to third-party web sites, which are not under the control of The Fresh Market. The Fresh Market makes no representations whatsoever about any other web site to which you may have access through the web site. When you access another web site, you do so at your own risk and acknowledge that The Fresh Market is not responsible or liable for any content, advertising, products or other materials available from such third party sites. You also agree that The Fresh Market shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third-party companies and web sites on the web site is for informational purposes only and does not constitute an endorsement or recommendation.

10. Limitation of Liability

NEITHER THE FRESH MARKET NOR ITS SUPPLIERS SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH THE FRESH MARKET. THE FRESH MARKET’S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY THE FRESH MARKET AND RETURNED BY YOU. THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

11. Disclaimer of Warranties

PURCHASING FROM THE FRESH MARKET AND USE OF THE FRESH MARKET WEB SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THESE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FRESH MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FRESH MARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Indemnification

You agree, at your expense, to indemnify, defend and hold harmless The Fresh Market, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of this Agreement or in connection with your use of this web site or any product or service related thereto.

13. Governing Law

This Agreement and the relationship between you and The Fresh Market shall be governed by and construed in accordance with the laws of the state of North Carolina. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

14. Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

15. Reservation of Rights

Any rights not expressly granted herein are reserved.