Terms and Conditions
Last Updated: October 9, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OR PURCHASING MERCHANDISE THROUGH THE SERVICES. THESE TERMS AND CONDITIONS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICES AND PURCHASE OF MERCHANDISE THROUGH THE SERVICES. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES OR PURCHASE MERCHANDISE THROUGH THE SERVICES. YOUR CONTINUED USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SERVICES MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
The following Terms and Conditions (“Terms”) apply to all users of the Frescorgo website located at www.frescorgo.com and its associated websites, subdomains, mobile versions, any associated applications, online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (the “Services”), which is operated by Frescorgo LLC (“Frescorgo,” “we” or “us”).
These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Frescorgo regarding your use of the Services. Together, Users and Frescorgo are each referred to herein individually as a “Party” or collectively as the “Parties.”
1. Minors. Frescorgo does not sell products to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with the consent and involvement of a parent or legal guardian and otherwise subject to our Terms. Frescorgo does not seek through its Services to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
2. Privacy Notice. Your privacy is important to Frescorgo. Frescorgo’s Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Frescorgo’s collection, use and disclosure of your personal information. A link to our Privacy Policy is also contained in the footer of the Frescorgo website.
3. Modification of the Terms. Frescorgo reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
4. Services Access, Linking. Frescorgo grants you permission to use its Services as set forth in these Terms, provided that and for so long as (i) you use the Services solely for your personal, non-commercial use that does not compete, directly or indirectly; (ii) except as expressly permitted in these Terms, you do not reproduce, redistribute, retransmit, resell, distribute, publicly display or otherwise use or exploit any portion of the Services in any medium without Frescorgo’s prior written authorization; (iii) you do not engage in any of the prohibited uses as described in these Terms; and (iv) you otherwise fully comply with these Terms. The Services are controlled and offered by Frescorgo from its facilities in the United States. Frescorgo makes no representations that the Services are appropriate or available for use in other locations. If you are accessing or using the Services from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
5. Ownership; Proprietary Rights.
(a) General. The Services, including all content, information, text, graphics, design, compilation, products, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Services that are provided by Frescorgo (“Frescorgo Materials”) are owned and/or licensed by Frescorgo and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Except as expressly authorized by Frescorgo, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or Frescorgo Materials. Frescorgo reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Frescorgo Materials, except for the limited rights expressly set forth in these Terms.
6. Payments.
(a) Please carefully read all pricing terms in the areas of the Services that allow you to purchase our products. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Frescorgo is not responsible for typographic errors. The price for each respective item will be clearly marked on the page and also clearly marked when you enter your credit card information to purchase. A third-party payment processor will collect your name, email address, postal address, contact details and credit or debit card information. You agree to pay all fees and applicable taxes incurred by you or anyone on behalf of you.
(b) Price changes. We may revise the pricing for products offered through our Services at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.EXCEPT AS OTHERWISE SET FORTH IN ANY REFUND POLICY APPLICABLE TO OUR PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR OUR PRODUCTS ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
(c) Accuracy of Billing. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel orders placed by a person, per household or per order. These restrictions may include orders placed using the same credit card, and orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or other contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(d) YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS USED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICES AND TO PROVIDE FRESCORGO WITH ALL RELATED TRANSACTION INFORMATION.
(e) You agree to pay all fees and charges, including, without limitation, all shipping and handling charges, that may be incurred by you or on your behalf through the Services (including through your account), at the prices and amounts in effect when such fees and charges are incurred and you authorize us and the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, payment card, or other payment method specified at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your transactions.
7. Prohibited Uses of the Services.
(a) As a condition of your use of the Services, you hereby acknowledge and agree that you will not use the Services for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Services, use of the Services, or access to the Services, except as expressly permitted in these Terms.
(c) Except as expressly provided herein, you agree not to create derivative works of the Services content, unless permitted under these Terms or with the prior written authorization of Frescorgo and any applicable licensors.
(d) You agree not to use the Services if you do not meet the eligibility requirements described in Section 1 above.
(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Services with the intended result of denying service to other Users.
(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Services, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations on the use of the Services.
(g) You agree not to attempt to gain unauthorized access to the Services or any part of it, including gaining access or attempting to gain access to computer systems or networks connected to the Services or any part of it, through request, hacking, or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted through the Services.
(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or for the removal of any proprietary notices or labels on the Services.
(i) You agree not to use any Frescorgo logos, graphics, copyrights, or trademarks without our express prior written consent.
(j) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(k) You agree not to use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including, without limitation, “flooding” servers.
(l) You agree not to modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(m) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(n) Notwithstanding anything to the contrary set forth in these Terms or any licenses contained herein, You and all other third parties are expressly prohibited from accessing, copying, reproducing, using, or creating derivative works of any content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, or any other user-generated content, chats, posts, trademarks, service marks, design marks, logos, brand insignia, or other intellectual property of any kind or nature uploaded to, or contained in, the Services in connection with, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise. All rights to do or permit any of the foregoing are expressly reserved to Frescorgo and any rights, licenses, or permissions to do any of the foregoing will only be granted, if at all, by Frescorgounder a separate written agreement signed by a duly authorized officer of Frescorgo. Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms and may constitute a violation of copyright law and/or other applicable law.
Unauthorized or prohibited use of the Services or the Frescorgo Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
8. Social Media Component
In certain sections offered via the Services, you may also be able to post your comments on Instagram, TikTok, Facebookor other social media websites. For example, your friends and others who have access to view information about you on social media will be able to see (on Instagram, TikTok, Facebook and via our Services) that you posted a comment. You'll also be able to see similar information about your social media friends who are connected to our Services. In addition, our Services may personalize and otherwise enhance your experience based on these social media pages, such as your basic information, likes and interests. Please pay careful attention to your social media settings in your account as well as your privacy settings which will impact this feature and may give you some control over the information that is shared and who it is shared with.
While we hope that you find these features to be a great way to share information, including discovering new content, Instagram, TikTok, Facebook or other social media websites also offer ways to manage the information you share with Frescorgo. See the respective websites for details.
By interacting with our social media accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts (in accordance with your privacy settings and your account settings on our Services). If you do not want information about you to be shared in this manner, do not use the social media features.
9. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Services are solely between you and such advertiser or User. YOU AGREE THAT FRESCORGO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS VIA THE SERVICES.
10. Services Availability. Frescorgo may make changes to or discontinue any of the Frescorgo Materials, products or services available via the Services at any time, and without notice, and Frescorgo makes no commitment to update these materials.
11. Services Testing. From time to time, we may test various aspects of the Services, including the platform, user interfaces, service levels, plans, promotions, features, availability of Frescorgo Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
12. Feedback. You agree that with respect to any contest entries, feedback, analysis, suggestions and comments to Frescorgoprovided by you (collectively, “Feedback”), IN CONSIDERATION OF FRESCORGO PROVIDING ACCESS TO THE SERVICES FREE OF CHARGE, USER HEREBY GRANTS TO FRESCORGO THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Frescorgo and that any Feedback which is provided by User to Frescorgo does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Frescorgo grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
13. Termination. You agree that your access to the Services may be terminated without prior notice, and you agree that Frescorgo shall not be liable to you or any third-party for any such termination. Frescorgo reserves the right to modify, suspend or discontinue the Services and/or access to it at any time and without notice to you, and Frescorgo will not be liable to you should it exercise such rights, even if your use of the Services is impacted by the change. These remedies are in addition to any other remedies Frescorgo may have at law or in equity.
14. Indemnification; Hold Harmless. You agree to indemnify and hold harmless Frescorgo and its officers, directors, employees, agents and representatives from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach of the foregoing representations, warranties, and covenants. Frescorgo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Frescorgo. Frescorgo will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, AND SECTIONS 16 AND 17 BELOW, THE TERM FRESCORGO INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
(b) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRESCORGO DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESCORGO OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(c) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, FRESCORGO MATERIALS, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) SERVICES OPERATION. FRESCORGO DOES NOT WARRANT THAT THE FRESCORGO MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(e) ACCURACY. FRESCORGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16. LIMITATION OF LIABILITY AND DAMAGES.
(a) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FRESCORGO OR ANY THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE FRESCORGOMATERIALS VIA THE SERVICES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH FRESCORGO, EVEN IF FRESCORGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) LIMITATION OF DAMAGES. IN NO EVENT SHALL FRESCORGO’S OR ANY THIRD-PARTY COLLABORATORS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
17. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(a) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT FRESCORGO HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FRESCORGO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FRESCORGO. YOU ACKNOWLEDGE AND AGREE THAT FRESCORGOWOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18. Merchandise Purchase Policy
The following terms and conditions (this “Merchandise Purchase Policy”) apply to all purchases of merchandise from Frescorgo, whether made through the Services, over the phone with the assistance of Frescorgo customer service personnel, through catalogs, at retail stores, sample sales, or warehouse sales, or elsewhere.
(a)Merchandise Availability
Merchandise displayed or advertised on the Services may be out of stock, discontinued, or otherwise unavailable. Sometimes you may add merchandise to your cart but, by the time you check out and your order processes, that merchandise may no longer be available for purchase; if that happens, we will notify you via email at the email address associated with your account or provided by you at the time of checkout and either (i) cancel the order and issue (or direct the payment processor to issue) a refund to your original form of payment (to the extent payment has been processed) for the unavailable merchandise or (ii) assist you in modifying your order to replace the unavailable merchandise with suitable alternative merchandise and then either issue (or direct the Payment Processor to issue) a refund to your original form of payment for the difference in price if the replacement merchandise is of lesser value or charge your original form of payment the difference in price if the replacement merchandise is of greater value.
(b)Merchandise Pricing, Information, and Descriptions
Prices for merchandise displayed on the Services are quoted in U.S. Dollars and are subject to change at any time. They may also differ from prices quoted by Frescorgo customer service personnel over the phone, displayed in catalogs, or advertised at retail stores, sample sales, warehouse sales, or elsewhere.
We make every effort to display merchandise and their qualities and attributes, such as their colors, textures, and appearance, as accurately as possible on the Service. However, you should be aware that the displayed qualities and attributes of the merchandise depend upon a variety of factors out of our control, including users’ monitor or mobile device screen resolution, physical environment while viewing merchandise through the Services, and other factors, so we cannot guarantee that the qualities and attributes of merchandise will always be accurately portrayed on the Services. If you have any questions about any the qualities and attributes of any specific merchandise, please do not hesitate to contact us and our customer service team will do their best to assist you.
Frescorgo is not responsible for typographical errors, inaccuracies, or omissions on the Services pertaining to merchandise and its availability, price, or product descriptions, qualities, or attributes. As a result, we do not guarantee the accuracy or completeness of any information on the Services, including prices, product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order for merchandise). If you do not wish to continue your purchase of any specific merchandise after its pricing or other information has been corrected, please contact us right away and we will either (i) cancel the order and issue (or direct the Payment Processor to issue) a refund to your original form of payment (to the extent payment has been processed) for such merchandise or (ii) assist you in modifying your order to replace such merchandise with suitable alternative merchandise and then either issue (or direct the Payment Processor to issue) a refund your original form of payment the difference in price if the replacement merchandise is of lesser value or charge your original form of payment the difference in price if the placement merchandise is of greater value.
(c)Customer-Provided Merchandise Ratings, Comments, and Feedback
Any user ratings, reviews, comments, or feedback pertaining to merchandise (collectively, “Product Reviews”) submitted through the Services as Postings constitute User Content; they are not provided by Frescorgo and, therefore, we cannot and do not warrant or guarantee their accuracy or reliability.
(d)YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS USED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICES AND TO PROVIDE FRESCORGO WITH ALL RELATED TRANSACTION INFORMATION.
You agree to pay all fees and charges, including, without limitation, all shipping and handling charges, that may be incurred by you or on your behalf through the Services(including through your account), at the prices and amounts in effect when such fees and charges are incurred and you authorize us and the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, payment card, or other payment method specified at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your transactions.
(e)Promotional or Discounts Codes
We may, at any time and from time to time, for any reason in our sole discretion, create promotional or discount codes that may either discount the purchase price for one or more merchandiseitems or be redeemed for credit in your account or for other features or benefits related to the Services (collectively, “Promo Codes”), subject to any additional terms that we establish on a per promotion or per promotional code basis. Promo Codes may only be used, and its associated benefits or discounts may be redeemed, only once per user or account and/or once per transaction. We reserve the right to void Promo Codes for duplicate benefits. Only Promo Codes sent to you through Automatic Communications or Voluntary Communications(each as defined below) are valid and will be honored. You agree that Promo Codes (i) must be used for the intended audience and purpose and in accordance with applicable law and these Terms of Use; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by Frescorgo at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards, or cash equivalents; and (vi) may expire prior to your use and, if that happens, we may decline to reissue a replacement Promo Code.
(f)Shipping, Delivery, and Order Fulfilment
The cost to ship merchandise that you purchase through the Services is calculated on a “per order,” “per item,” or “per pound” basis and is based on the shipping option you select at the time of purchase. You can find more information about our shipping and delivery options at www.Frescorgo.com. We will ship the merchandise through a third-party carrier to the address that you designate when you place the order so long as such address is complete and complies with the shipping restrictions contained on the Service. All purchases of merchandise are made pursuant to a shipping contract and, as a result, the risk of loss and title for the merchandise passes to you upon delivery of the merchandise to the third-party carrier.
(g)Returns and Exchanges of Merchandise
Returns and exchanges of merchandise purchased through the Services or otherwise directly from Frescorgo (and not through a Third-Party Seller) are governed by our Return and Exchange Policy (the “Return and Exchange Policy”), which is available on the Services at https://[URL] and hereby incorporated by reference into this Merchandise Purchase Policy. By purchasing merchandise through the Services or otherwise directly from Frescorgo, you are agreeing to be bound by the Return and Exchange Policy. Please read the Return and Exchange Policy carefully before purchasing any merchandise.
Notwithstanding anything set forth to the contrary in the Return and Exchange Policy or elsewhere in these Terms of Use, we do not take title to returned merchandise until the item arrives at our fulfillment center.
(h)Limitations on Merchandise Purchases
Frescorgo reserves the right to place limits on or otherwise regulate purchases of merchandise, which include, without limitation:
• We may limit, cancel, or prohibit any orders for merchandise, including, without limitation, for pricing errors, violation of this Merchandise Purchase Policy, or for suspected fraudulent activity.
• We may restrict any orders for merchandise by or under the same account, using the same credit card, and/or using the same billing and/or shipping address.
• We do not authorize the purchase of commercial quantities of merchandise and reserve the right to, in our sole discretion, prohibit purchases of any merchandise to resellers, dealers, and distributors (including, without limitation, third-party sellers).
In the event Frescorgo refuses any orders for merchandiseplaced through the Service, we will not charge (or direct the payment processor not to charge) the form of payment you originally provided. In the event Frescorgo limits or cancels, in whole or in part, any orders for merchandise placed through the Service, we will issue (or direct the payment processor to issue) a refund to your original form of payment (to the extent payment has been processed) for the portion of the cancelled order.
Frescorgo reserves the right to terminate the account of any users and/or cease doing business with customers who violate this Merchandise Purchase Policy.
(h)Purchases of Merchandise from Third-Party Sellers
You may choose to purchase merchandise from a third-party seller. If you do, you should be aware of the following:
• Third-party sellers are not associated or affiliated with, or endorsed by, Frescorgo.
• Purchases of merchandise from third-party sellers are made subject to the terms and conditions of the applicable third-party seller in effect from time to time, not this Merchandise Purchase Policy or these Terms of Use.
• Returns and exchanges of merchandise purchased from a third-party seller must be handled by the applicable third-party seller subject to their terms and conditions in effect from time to time. Frescorgo will not accept any returns of merchandise or exchange any merchandise that was purchased from a third-party seller.
• PURCHASES OF MERCHANDISE FROM THIRD-PARTY SELLERS ARE MADE ENTIRELY AT THE CUSTOMER’S OWN RISK. Frescorgo is not responsible for, and does not guarantee, the quality, suitability, merchantability, or authenticity of any merchandise offered for sale by a third-party seller. If you are unhappy with the quality, suitability, merchantability, or authenticity of any merchandise purchased from a third-party seller, you should contact the third-party seller—not Frescorgo—to resolve the issue.
• In the event you contact Frescorgo with concerns about merchandise you have purchased, including its quality, suitability, merchantability, or authenticity, Frescorgoreserves the right, at any time, to request from you a receipt or other proof of purchase acceptable to Frescorgo to verify that merchandise was purchased directly from Frescorgoand not from a third-party seller before Frescorgo will assist you in resolving the issue.
• Prices for merchandise advertised and sold by third-party sellers may differ from prices for merchandise advertised and sold directly by Frescorgo (see “Merchandise Pricing, Information, and Descriptions” above). Frescorgo does not price match third-party sellers.
19. Miscellaneous.
(a) Notice. Frescorgo may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. If notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your contact and/or shippinginformation and it is your responsibility to update such information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Frescorgo is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Frescorgo with notices only by mail to the address indicated herein.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms.
(c) Arbitration. For any dispute you have with us, you agree to first contact us through email at Frescorgo.com attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in New YorkCounty, New York, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdictionlocated in New York County, New York.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(d) Notice for California Users.
Under California Civil Code Section 1789.3, users of our Services from California are entitled to receive the following information on how to resolve a complaint regarding the Services or to receive further information regarding use of the Services service:
Such complaints or requests may be submitted to Frescorgo by e-mail: frescorgo@gmail.com.
(e) Claims. You agree that any cause of action brought by you arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
(f) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Frescorgo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(g) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(h) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Frescorgo without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(i) Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, pandemic, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.
(j) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(k) Entire Agreement. This is the entire agreement between you and Frescorgo relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Frescorgo as set forth herein. All rights not expressly granted in these Terms are reserved to us.
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