Last Updated: March 2021
By using the Custom Fresh, LLC, including affiliates (“Custom Fresh, LLC”) website or service platforms, you agree to these conditions:
Minors or people below eighteen (18) years old are not allowed to use this website without parental supervision or consent.
These Terms and Conditions written on this webpage shall manage your use of this website. These terms will be applied fully and affect your use of this website and Custom Fresh, LLC’s service platforms. Please read these terms carefully--they will govern any issue that may arise, whether directly or indirectly.
Changes to This Notice
We may change these Terms and Conditions from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Terms and Conditions Page and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Terms and Conditions, we will notify you more directly by email or by means of a notice on the home page prior to the change becoming effective.
We encourage you to review our Terms and Conditions whenever you access the Custom Fresh, LLC website or service platform to stay informed.
If you disagree with any changes to this Terms and Conditions and do not wish your information to be subject to the revised Terms and Conditions, you will need to stop using the Custom Fresh, LLC service platforms and website. Your further use of any of the Custom Fresh, LLC service platforms or website after the posting of such changes shall constitute your consent to such changes.
Intellectual Property Rights
Other than the content you own, under these Terms: this website and its original content, features, and functionality are owned by Custom Fresh, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited license only for purposes of viewing the material contained on this website and purchasing products offered for sale. Any products purchased is for the specific intended use only of that product and does not grant any intellectual property rights.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. And our protections under these Terms and Conditions also protect us through these links as we are not responsible and completely indemnified and protected against all liabilities.
Reviews, Comments and Postings
Any product review, post or, e-mail in regard to a product or a review are considered non- confidential and non-proprietary and we, Custom Fresh, LLC, shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become our sole and exclusive property and shall not be returned to you.
We also reserve the right to delete, edit or suspend any comment, review or post. You hereby agree that you will not use a false e-mail or post an inaccurate review or comment.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
This site may be accessed from countries other than the United States. This site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this site outside the United States, you are responsible for complying with your local laws and regulations.
You are specifically restricted from all of the following:
- Publishing any website material in any other media;
- Selling, sublicensing and/or otherwise commercializing any website material;
- Using this website in any way that is or may be damaging to this website;
- Using this website in any way that impacts consumer access to this website;
- Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;
- Using this website to engage in any private advertising or marketing; and
- Certain areas of this website are restricted from being accessed by you, and Custom Fresh, LLC may further restrict access to you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this website is confidential and you must maintain confidentiality as well.
Limitation of Liability & Disclaimer of Warranties
In no event shall Custom Fresh, LLC, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Custom Fresh, LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use or interpretation of this website.
Except as otherwise set forth on this site, including without limitation the product descriptions of specific products, this site, the products offered for sale on it and the transactions conducted through it are provided by us on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, error in pricing, or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
You hereby indemnify to the fullest extent Custom Fresh, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions to include a breach under the platforms listed above.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Texas and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes. You further understand and consent that Custom Fresh, LLC has the ability to force arbitration should they deem that a better alternative—this is at exclusive and sole discretion of Custom Fresh, LLC.
Custom Fresh, LLC may terminate your access to the site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.
You may also choose at any time to terminate your account by notifying us by e-mail at Contact Us and we will delete your account and consider our relationship terminated.
All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability.
When you register and provide your contact information, you will be given options related to receiving marketing calls, text messages, and emails from the Company and others calling, texting, or emailing on its behalf. You may change your preferences by signing into your account and going to your “Profile”. Such calls, texts, and emails may include, for example, marketing messages, password reminders, authentication messages, account- or service-related alerts and reminders, customer service communications, satisfaction surveys, and other types of calls and text messages. You may not opt-out of receiving these communications for purposes of communications regarding your account, services, and the security of your account.