Terms and Conditions of Use

Effective as of 9/22/2022 | Updated 3/1/2023

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FRESH CALIFORNIA FRUIT, INC., A DELAWARE CORPORATION (“FRESH CALIFORNIA FRUIT,” “WE,” “US,” OR “OUR”).

Resources On This Page:

Agreement between User and https://www.freshcaliforniafruit.com/

Welcome to https://www.freshcaliforniafruit.com/. The https://www.freshcaliforniafruit.com/ website (the “Site”) is comprised of various web pages operated by FRESH CALIFORNIA FRUIT, Inc (“FRESH CALIFORNIA FRUIT”). https://www.freshcaliforniafruit.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.freshcaliforniafruit.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.freshcaliforniafruit.com/ is an E-Commerce Marketplace Website.

The Company’s software permits consumers to place orders for fruit and/or other goods from farm businesses. Once such orders are made, the Company’s software notifies Farmers that an order has been made and the software facilitates completion of the delivery to the consumer. Company is not a restaurant, farm business, delivery service, food preparation business, farmers market, roadside stand, wholesale market, flea market, swap meet, market manager, agent, broker, commission merchant, dealer, consignor, licensee, or producer.

If you access the website located at https://www.freshcaliforniafruit.com/, install or use FRESH CALIFORNIA FRUIT’s mobile application, install or use any other software supplied by FRESH CALIFORNIA FRUIT, or access any information, function, or service available or enabled by FRESH CALIFORNIA FRUIT (each, a “Service” and collectively, the “Services”), or complete the FRESH CALIFORNIA FRUIT account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement;

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with FRESH CALIFORNIA FRUIT (the “Minimum Age”); and

(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use FRESH CALIFORNIA FRUIT’s Services.

Privacy

Your use of https://www.freshcaliforniafruit.com/ is subject to FRESH CALIFORNIA FRUIT’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

The full Privacy Policy can be found here: https://www.freshcaliforniafruit.com/privacy-policy

Electronic Communications

Visiting https://www.freshcaliforniafruit.com/ or sending emails to FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT is not responsible for third party access to your account that results from theft or misappropriation of your account. FRESH CALIFORNIA FRUIT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

FRESH CALIFORNIA FRUIT 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 https://www.freshcaliforniafruit.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://www.freshcaliforniafruit.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FRESH CALIFORNIA FRUIT and FRESH CALIFORNIA FRUIT 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. FRESH CALIFORNIA FRUIT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FRESH CALIFORNIA FRUIT of the site or any association with its operators.

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

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.freshcaliforniafruit.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FRESH CALIFORNIA FRUIT 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 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 FRESH CALIFORNIA FRUIT 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. FRESH CALIFORNIA FRUIT content is not 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 FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT 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.

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

FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FRESH CALIFORNIA FRUIT does not control or endorse the content, messages or information found in any Communication Service and, therefore, FRESH CALIFORNIA FRUIT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FRESH CALIFORNIA FRUIT spokespersons, and their views do not necessarily reflect those of FRESH CALIFORNIA FRUIT.

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.

Materials Provided to https://www.freshcaliforniafruit.com/ or Posted on Any FRESH CALIFORNIA FRUIT Web Page

FRESH CALIFORNIA FRUIT does not claim ownership of the materials you provide to https://www.freshcaliforniafruit.com/ (including feedback and suggestions) or post, upload, input or submit to any FRESH CALIFORNIA FRUIT Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FRESH CALIFORNIA FRUIT, 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. FRESH CALIFORNIA FRUIT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FRESH CALIFORNIA FRUIT’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.

Acceptable Use Policy

 

We want to make sure everyone has the best experience with our marketplace. By providing clear rules and policies, we have set the expectations. Within these policies, we have outlined the actions that can be taken if something goes wrong.

Buyers: make sure you follow these policies or you may be restricted from purchasing fruit on our marketplace.

If you find anything that violates these policies, please email support@freshcaliforniafruit.com for support.


Prohibited or Restricted Items for Sale

Only freshly picked fruit may be listed for sale. You are not allowed to list spoiled, nearly rotten, rotten, or frozen fruit for sale


Buyer Policy

Rules for Buyers: We want to make sure to provide the best experience, following these rules makes sure we maintain a safe and fair marketplace. As a buyer you must adhere to local laws and regulations, minimize risk to sellers, do not make unreasonable demands of sellers, do not email the seller asking for extras after a purchase (free items, gift wrapping are examples), do not demand something not offered for sale with the item purchased, do not make false claims (like spoofing a tracking number and claiming you did not receive the item), do not abuse PayPal purchase protection programs, do not misuse returns, do not use fake or stolen credit cards, fill out accurate shipping information at time of purchase, read the full listing of the fruit before purchase, do not make an offer to buy fruit from the famer outside of Fresh California Fruit, and do not make unreasonable demands of Fresh California Fruit, Inc.

If you are outside of the United States of America, do not ask the seller to falsely declare an item on customs forms.

Keep all communications professional; do not use profanity or offensive language with anyone on Fresh California Fruit or send anyone any inappropriate images.


How Is Shipping Charged?

Buyer pays for shipping costs after time of purchase. Fresh California Fruit will follow up with buyer with actual shipping costs.

What Happens If Fruit Is Damaged In Shipping?

Buyer must purchase insurance for the cost of the order. Buyer must send photos of the container and internal packaging to the seller. This is required. Without those pictures the buyer has no claim the order was damaged in shipping. If the buyer sends the pictures as required, then the seller will work with the insurance company on a refund. No cash refund from Fresh California Fruit will be offered.


Payment Policy

The following payment methods are offered at checkout: PayPal, Pay Later, Debit or Credit Card.


Third Party Accounts

You will be able to connect your FRESH CALIFORNIA FRUIT account to third party accounts. By connecting your FRESH CALIFORNIA FRUIT account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT Content accessed through https://www.freshcaliforniafruit.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 FRESH CALIFORNIA FRUIT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, 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. FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location set by Fresh California Fruit. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in section above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute.

Survival. This Arbitration Agreement will survive any termination of your relationship with the Company.

Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FRESH CALIFORNIA FRUIT agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Cancellation, Refund, and Shipping Policies

Ordering from FRESH CALIFORNIA FRUIT is different than a grocery store. Our farm partners ready the fruit for orders after the orders are sold. These items are perishable and have a time limit from the moment the farmer has picked the fruit. This means, when an order is purchased, a farm spends their time and money to pick the items required to fulfill that order.

If an order is canceled, the farmer cannot return fruit to the plant. Therefore, if a customer places an order, pays for the order and the farmer has started fulfilling the order, then there is no cancellation or refund available for the customer. In other words, we do not allow cancellations or refunds of orders after the fruit ordering cut off time has expired.

Cut off time limit is 60 minutes after the shipping costs have been paid for on the order.

A refund or cancellation for your order is available from purchase until the food order cutoff time or if the famer has indicated that they have already fulfilled an order. There are no refunds or cancellations available after the farmer has picked the fruit for an order.

Shipping And Handling

We use third party United States Post Office to ship everything. This creates an automated shipping tracking number that provides you with a product delivery guarantee. Seller policy requires sellers to have orders dropped off at the United States Post office within a maximum of 7 days of purchase and strive to get packages to the post office on same-day of the order. USPS flat rate boxes provide $50 of insurance coverage through the United States Post Office if the package is lost during shipping. Insurance does not cover rotten fruit or fruit spoilage. When we process your order, it will create a tracking number. Your tracking number will be emailed to you when the shipping label is created. The tracking number is controlled and automated by USPS and will have your shipping delivery information. If your package is lost, stolen, or damaged then you will need to contact the United States Post Office with your tracking number and start a claim. If your order is for more than $50, please contact the seller after your order to inquire about additional insurance. You may need to provide additional payment via PayPal for the additional shipping insurance you would like to have added on your order.

 

Refunds And Product Delivery Guarantee

Refunds: If you are unable or unwilling to pay the shipping costs, we will refund your order in full.

Product Delivery Guarantee: Shipping fruit over large distances and in extreme heat has many risks. As such, we take many precautions to prevent fruit from arriving damaged, bruised, spoiled, or over-ripened. However, sometimes packages are mistreated during shipping or left out in the extreme elements longer than the packaging can keep the fruit cold. When that happens, the fruit will be damaged and might not be edible. Do not eat spoiled or over ripened fruit. Fresh California Fruit, Inc assumes no liability for consuming damaged, over ripened, spoiled, or rotten fruit.

All fruit that is shipped by Fresh California Fruit, Inc is hand inspected to be of the highest quality. If you receive damaged, over ripened, spoiled, bruised, or rotten fruit, please know this is the result of shipping. We send out tracking numbers so you can make sure to have someone ready receive your container. If you would like a refund for bad fruit, please send us an email (support@freshcaliforniafruit.com) with pictures of your spoiled fruit as well as the weight within 1-hour of the delivery of the container at either your local port or delivery address. We will process your refund and return the price you paid for the fruit that was not edible.

Please note: if you send us a refund request after 1-hour after your fruit was delivered, we will not be able to honor a refund for you. This is due to the fact that the container could have be exposed to prolonged sun and heat. Under those conditions, fruit will spoil from sitting exposed to extreme elements. We are not responsible for the package or the contents after it was delivered. All customers are sent shipping tracking notifications and need to plan accordingly to receive perishable packages.

Anti-Money Laundering and Patriot Act Know-Your-Customer

Buyer and Seller Privacy and Data Security

Fresh California Fruit Protects and Secures Payments and Financial Details. 

Your bank account details are stored securely within PayPal and Fresh California Fruit does not have access to view or share this information. All payments to your PayPal account are fully encrypted with the highest security standards equivalent to the world’s top banking institutions. Fresh California Fruit never has access and does not share your bank account details either with our company or with other parties. 

Protecting Personal Information

Fresh California Fruit only collects the information needed to establish the location where you are selling from and establishes the direct PayPal connection to pay out the amount earned per transaction. Our systems undergo rigorous testing to ensure we keep your data safe. For an additional security measure, Fresh California Fruit requires all sellers to have a PayPal business account and buyers verify their accounts prior to having access to either buy or sell on the marketplace.  Fresh California Fruit never has access to or shares any of your bank account details internally or with any other parties. 

 

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. FRESH CALIFORNIA FRUIT, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FRESH CALIFORNIA FRUIT, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, FRUIT, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, FRUIT, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH CALIFORNIA FRUIT, INC 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.

THE SOFTWARE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EXCEPT AS SET FORTH IN FRESH CALIFORNIA FRUIT’S PRIVACY POLICY OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, FRESH CALIFORNIA FRUIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR DAMAGE, LOSS OR INJURY RESULTING FROM SUCH PROBLEMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH CALIFORNIA FRUIT, INC 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 FRESH CALIFORNIA FRUIT, INC 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.

Cap on Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW FRESH CALIFORNIA FRUIT’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO FRESH CALIFORNIA FRUIT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE UNITED STATES OF AMERICA.

Disclaimer of Certain Damages.

TO THE FULLEST EXTENT OF LAW FRESH CALIFORNIA FRUIT SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY FRESH CALIFORNIA FRUIT’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Termination/Access Restriction

FRESH CALIFORNIA FRUIT 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. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FRESH CALIFORNIA FRUIT as a result of this agreement or use of the Site. FRESH CALIFORNIA FRUIT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FRESH CALIFORNIA FRUIT’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 FRESH CALIFORNIA FRUIT 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 FRESH CALIFORNIA FRUIT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FRESH CALIFORNIA FRUIT 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

FRESH CALIFORNIA FRUIT reserves the right, in its sole discretion, to change the Terms under which https://www.freshcaliforniafruit.com/ is offered. The most current version of the Terms will supersede all previous versions. FRESH CALIFORNIA FRUIT encourages you to periodically review the Terms to stay informed of our updates.

Rules and Prohibitions

By using the Services, you agree that:

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, FRESH CALIFORNIA FRUIT employees, or our community.

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.

(c) You will only access the Services using means explicitly authorized by FRESH CALIFORNIA FRUIT.

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use the Services to cause nuisance, annoyance or inconvenience.

(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Contractor, unless FRESH CALIFORNIA FRUIT has given you prior permission to do so in writing.

(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.

(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.

(l) You will not use the Services in any way that could damage, disable, overburden or impair any FRESH CALIFORNIA FRUIT server, or the networks connected to any FRESH CALIFORNIA FRUIT server.

(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any FRESH CALIFORNIA FRUIT server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures FRESH CALIFORNIA FRUIT may use to prevent or restrict access to the Services or use of the Services or the content therein.

(o) You will not deep-link to the FRESH CALIFORNIA FRUIT website or access the FRESH CALIFORNIA FRUIT website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the FRESH CALIFORNIA FRUIT website or any content on the FRESH CALIFORNIA FRUIT website.

(p) You will not conduct any systematic retrieval of data or other content from the Services.

(q) You will not try to harm other Users, FRESH CALIFORNIA FRUIT, or the Services in any way whatsoever.

(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

(s) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.

Contractors and Farm Businesses Are Independent

You understand and agree that FRESH CALIFORNIA FRUIT provides a technology platform connecting you with independent farm business and food service providers and others that provide the products offered through the Site (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that FRESH CALIFORNIA FRUIT does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. FRESH CALIFORNIA FRUIT is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. FRESH CALIFORNIA FRUIT provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. FRESH CALIFORNIA FRUIT will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that FRESH CALIFORNIA FRUIT is not responsible for the Merchants’ food preparation or the safety of the food, and does not verify Merchants’ compliance with applicable laws or regulations. FRESH CALIFORNIA FRUIT has no responsibility or liability for acts or omissions by any Merchant or Contractor.

You agree that the goods that you purchase will be fulfilled by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor FRESH CALIFORNIA FRUIT holds title to or acquires any ownership interest in any goods that you order through the Services.

User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify FRESH CALIFORNIA FRUIT immediately. FRESH CALIFORNIA FRUIT will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by FRESH CALIFORNIA FRUIT or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or FRESH CALIFORNIA FRUIT has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FRESH CALIFORNIA FRUIT has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by FRESH CALIFORNIA FRUIT, or if you have been previously banned from use of the Services.

User Content

(a) User Content. FRESH CALIFORNIA FRUIT may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant FRESH CALIFORNIA FRUIT a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with FRESH CALIFORNIA FRUIT’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant FRESH CALIFORNIA FRUIT a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to FRESH CALIFORNIA FRUIT herein shall survive termination of the Services or your account. FRESH CALIFORNIA FRUIT reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that FRESH CALIFORNIA FRUIT may monitor and/or delete your User Content (but does not assume the obligation) for any reason in FRESH CALIFORNIA FRUIT’s sole discretion. FRESH CALIFORNIA FRUIT may also access, read, preserve, and disclose any information as FRESH CALIFORNIA FRUIT reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of FRESH CALIFORNIA FRUIT, its users and the public.

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to FRESH CALIFORNIA FRUIT through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that FRESH CALIFORNIA FRUIT has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to FRESH CALIFORNIA FRUIT a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by FRESH CALIFORNIA FRUIT and do not represent the views of FRESH CALIFORNIA FRUIT or its affiliates. FRESH CALIFORNIA FRUIT shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

No Joint Venture or Partnership.

No joint venture, partnership, employment, or agency relationship exists between you, FRESH CALIFORNIA FRUIT or any third-party provider as a result of this Agreement or use of the Software or Services.

Contact Us

FRESH CALIFORNIA FRUIT welcomes your questions or comments regarding the Terms:

Email Address: support@freshcaliforniafruit.com