Terms and Conditions
Last Updated: March 2021
Introduction
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.
Links
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.
International Access
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.
Restrictions
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;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website (without permission from Custom Fresh, LLC and in compliance with Privacy Policy (https://bruteforcetraining.com/pages/privacy-policy);
- 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.
Typographical Errors
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.
Indemnification
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.
Termination Clause
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.
Our Address
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.
SMS Marketing
By consenting to Custom Fresh's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@mycustomfresh.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Custom Fresh products or services, you agree that any controversy, claim, action, or dispute between you and Custom Fresh arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Custom Fresh’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Katy Texas 77449, United States, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Custom Fresh’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to support@mycustomfresh.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Custom Fresh. You are responsible for ensuring Custom Fresh’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Custom Fresh agree that you may bring or participate in Claims against Custom Fresh only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Custom Fresh agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.