FRESH HEALTY VENDING FRANCHISES ARE AVAILABLE TO QUALIFIED PROSPECTIVE FRANCHISEES ONLY IN CERTAIN STATES. FRESH HEALTHY VENDING LLC WILL NOT OFFER TO SELL A FRANCHISE UNLESS REGISTERED (OR EXEMPT) IN A STATE WHERE THE PROSPECTIVE BUYER RESIDES OR WHERE THE FRANCHISE WILL BE LOCATED. THIS OFFER IS NOT BEING DIRECTED TO ANY RESIDENT OF ANY STATE, PROVINCE, COUNTRY OR JURISDICTION WHERE FRESH HEALTHY VENDING LLC IS NOT CURRENTLY REGISTERED TO OFFER OR SELL A FRANCHISE, UNLESS OTHERWISE QUALIFIED OR EXEMPT. THE INFORMATION ON THIS WEBSITE IS NOT AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY A FRESH HEALTHY VENDING FRANCHISE. AN OFFER TO SELL A FRESH HEALTHY VENDING FRANCHISE IS MADE BY A FRANCHISE DISCLOSURE DOCUMENT ONLY.
Privacy and Terms of Service
Welcome to freshvending.com. freshvending.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at freshvending.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future freshvending.com service or visit or purchase from any business affiliated with freshvending.com, whether or not included in the freshvending.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
You are not required to provide any personal information in order to obtain general access to the Site. However, in order to access certain information, services or features contained on the Site, Fresh Vending may require you to provide personal information such as your name, email address, mailing address and telephone number. Fresh Vending may keep a log of account information for an indefinite period of time, in Fresh Vending’s sole discretion.
How We May Use Your Information
If you provide Fresh Vending with personal information, we may retain and use that information for several purposes. For example, we may use your personal information in order to process and fulfill any transactions, services or requests for information that you request. We may also use personal information to ensure compliance with our policies and applicable law.
In addition, we may send you periodic communications by email or regular mail if you do not opt-out of receiving them. For example, we may provide you with special offers or information on our products or services. If you wish to opt-out of receiving communications from us at any time, we give users the following options for doing so:
- Where available, you may indicate that you do not want to receive such mailings at the time you provide your information to us on the Site;
- You may opt-out at any time by sending an email to [email protected] with “unsubscribe” in the subject line; or
- You may opt-out by clicking on the unsubscribe link in our email newsletters or other commercial email communications.
When you visit freshvending.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of freshvending.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of freshvending.com and protected by U.S. and international copyright laws. All software used on this site is the property of freshvending.com or its software suppliers and protected by United States and international copyright laws.
freshvending.com, and other freshvending.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of freshvending.com, Inc. or its affiliates in the U.S. and/or other countries. freshvending.com’s trademarks and trade dress may not be used in connection with any product or service that is not freshvending.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits freshvending.com. All other trademarks not owned by freshvending.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by freshvending.com or its affiliates.
License and Site Access
freshvending.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of freshvending.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of freshvending.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of freshvending.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing freshvending.com’s name or trademarks without the express written consent of freshvending.com. Any unauthorized use terminates the permission or license granted by freshvending.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of freshvending.com so long as the link does not portray freshvending.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
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. If you are under 18, you may use freshvending.com only with involvement of a parent or guardian. freshvending.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion as per the Franchise Agreements in place with its Franchisees.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. freshvending.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant freshvending.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant freshvending.com and its affiliates and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify freshvending.com or its affiliates for all claims resulting from content you supply. freshvending.com has the right but not the obligation to monitor and edit or remove any activity or content. freshvending.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from freshvending.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery.
freshvending.com and its affiliates attempt to be as accurate as possible. However, freshvending.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by freshvending.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. With respect to items sold by freshvending.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced or not available at our warehouse. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by freshvending.com. Your purchases from third-party sellers using freshvending.com Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
(a) Supplier will employ its best efforts to fill Franchisee orders promptly on acceptance, but reserves the right to allot available inventories among franchisees at its discretion.
(b) Except for Supplier’s products that are defective at the time of sale to
Franchisee, Supplier shall not be obligated to accept any of Franchisees Products that are returned. In the event such returns are accepted, Supplier may impose a reasonable restocking charge.
Parties other than freshvending.com and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. freshvending.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY FRESH HEALTHY VENDING LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRESH HEALTHY VENDING LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH HEALTHY VENDING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FRESH HEALTHY VENDING LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM freshvending.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESH HEALTHY VENDING LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting freshvending.com, you agree that the laws of the state of California without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and freshvending.com or its affiliates.
Any dispute relating in any way to your visit to freshvending.com or to products you purchase through freshvending.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate freshvending.com’s intellectual property rights, freshvending.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies. These policies also govern your visit to freshvending.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.