Fresh Brothers Terms and Conditions
Effective Date: Jan 26th 2023
2. Your Account
2.1. Account Registration. When registering for a new account you will be asked for information such as your name and email address. You will also be asked to select a password for your account. You agree to provide and maintain truthful, complete and accurate information when you create your account. You are responsible for the confidentiality of your password and agree not to let anyone besides the registered account holder use your account.
2.2 Communications. By creating Your account, you agree to receive periodic emails and messages Fresh Brothers or our trusted service providers. You may opt out of receiving communication from us by emailing us at [email protected], by calling us toll free at (844) 921-0600,or by contacting us using the contact information provided at the end of this Agreement.
2.3. Account Eligibility. You must be at least 16 years old to register for an account. If you are not at least sixteen (16) years old, you may not register for an account or use the Sites. If you are under eighteen (18) years old but older than sixteen (16) years old you must present these terms to your parent or legal guardian, and they must agree to enter into these Terms on your behalf. By continuing to access the Site or Services you represent that you have obtained the requisite consent from a parent or guardian if applicable.
If you are a parent or guardian registering for an account for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct when using the Sites and Services, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Sites or Services.
If you are a parent and believe your child has set up an account or that we have otherwise collected your child’s personal information please contact us at [email protected].
2.4 Changes to Your Account/Deleting Your Account. You can make changes to your account by logging in with your username and password. You can delete your account at any time by emailing us at [email protected].
3. Online Purchases
In order to purchase food products or other items through the Sites you must provide valid payment and billing information to our trusted third-party service providers and agree to be bound by their terms. The price of any products you purchase will be displayed to you clearly. By agreeing to purchase a product you agree to pay the price listed at the time of your order including any applicable taxes and to be billed using your selected payment method. When you make a purchase from the Sites you represent and warrant that you have the capacity to enter into a contract under applicable law.
4. Mobile Messaging
Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving text messages via the messaging service sending a text to 83584 or by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, or by emailing us at [email protected].
5. Suspension and Termination
Fresh Brothers may suspend or terminate your access to the Sites or Services at its sole discretion. This includes termination for any reason set forth in these Terms or in the event of your breach of any term in this Agreement. In the event your access is terminated, any and/or all of your information is subject to removal from the Sites and servers and may not be available to you after such termination.
Any termination of access shall not affect Fresh Brothers’ rights or remedies available under this Agreement, California Law, and any other applicable law.
6. Acceptable Use
Fresh Brothers strictly enforces compliance with its acceptable use terms set forth below:
6.1. You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
6.2. You agree not to take any action that will cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
6.3. You agree not to transmit any unsolicited commercial or bulk email.
6.4. You agree to use the Sites only for the purposes intended under this Agreement.
6.5. You agree not to make or attempt any unauthorized access to the Fresh Brothers servers or to any Fresh Brothers customer accounts.
6.6. You agree not to undertake any action which is harmful or potentially harmful to the Fresh Brothers server structure.
6.7. You agree to provide true, accurate, current, and complete information about Yourself when providing information about yourself.
7. Modification to the Site and Services Offered
Fresh Brothers is constantly adapting and innovating in order to provide the best experience to its users. Fresh Brothers reserves the right to make any changes, additions, or to discontinue all or a portion of the Sites or Services without prior notice to you.
8. Warranties and Limitations
8.1. FRESH BROTHERS IS COMMITTED TO MAINTAIN THE OPERATION OF THE SITE AND SITE SERVICES, HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESH BROTHERS DOES NOT IN ANY WAY WARRANT OR OTHERWISE GUARANTEE THE AVAILABILITY OF THE SITE OR SITE SERVICES AND IS NOT RESPONSIBLE FOR ANY DELAY OR LOSS OF DATA OR ANY OTHER SUCH ISSUES.
8.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRESH BROTHERS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
8.4. THERE SHALL BE NO WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN AS MAY BE EXPRESSLY STATED HEREIN.
8.5 The disclaimers, exclusions, or limitations of warranties, liabilities and damages in this section may not be allowed in your jurisdiction. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
9.1 You agree to fully defend and indemnify and hold harmless Fresh Brothers of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or your negligence whether active or passive or any negligence of Fresh Brothers in any way related to your use of the Fresh Brothers Sites and Services or any portion thereof.
9.2 You assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account. You further agree to defend and indemnify and hold harmless Fresh Brothers of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential account information such as your username and password. Choice of counsel remains exclusively that of Fresh Brothers.
10. Ownership of Intellectual Property; Confidentiality
10.1 You agree and understand that during the term of this Agreement and thereafter you may come into possession of Fresh Brothers’ confidential and proprietary information. You acknowledge that all right and title to any such intellectual property shall remain the sole property of Fresh Brothers and that you have no right, title, or interest therein. You further agree not to provide access to the Fresh Brothers Sites and/or Services to any third party. You agree not to in any way, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Sites or Services, and also agree not to assist any third party in doing so in any way. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Fresh Brothers’ Sites or Services shall also remain the sole property of Fresh Brothers.
10.2 You are granted a non-exclusive, non-transferable, fully revocable license to access and use the Sites and Services for personal use. No portion of the Sites or any Services may be copied, sold, retransmitted or otherwise used by for any reason without the express advance written consent of Fresh Brothers. You agree and understand that Fresh Brothers owns all legal right, title, and interest to the Sites and Services. Nothing in these Terms aside from this paragraph gives you a license or right to use the intellectual property of Fresh Brothers, including any trademarks, service marks, logos, domain names and copyrighted information without a written Agreement between you and Fresh Brothers.
10.3 By sending, displaying, transmitting, or otherwise distributing information or other content to Fresh Brothers, you grant Fresh Brothers its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display, reproduce, and edit your information or content.
Any statements regarding the nutritional or allergen information of our products are provided solely to help guide your menu selections, not as medical or nutritional advice. Each individual is responsible, in cooperation with his or her physician, dietitian or other health consultant, for making personal dietary decisions. We make no warranties regarding the reliability or accuracy of this information. Any action you take based on the Site or Services is at your own risk.
Allergen and Gluten Information: Before placing your order, please inform the manager at the Fresh Brothers location you are ordering from if anyone in your party has a food allergy or dietary restriction. We understand the difficulties associated with eating out with food allergies, and we are committed to serving food safely. However, due to many circumstances, we are unable to guarantee that any menu item is completely free from any particular allergen or animal product, and we assume no responsibility for guests with food allergies, food sensitivities or dietary restrictions.
The nutrition, allergen and/or gluten information presented on the MyMenu platform is based on information provided to Fresh Brothers from food manufacturers and ingredient suppliers. Fresh Brothers' menu is diverse and contains a wide variety of foods, many of which contain one or more of the eight major allergens: Crustacean shellfish, eggs, fish, dairy, peanuts, soybeans, tree nuts and wheat. Ingredients or production and processing methods used by our suppliers may vary or change without notice and there may be product differences among regional suppliers. Additionally, normal kitchen operations involve shared cooking and preparation areas, and cross-contact with other foods may occur during production or we may occasionally need to substitute ingredients in menu items. Be sure to thoroughly read the allergen and cross contact information presented on MyMenu and inform a manager or your wait staff of your particular needs.
12. Links to Other Sites
The Sites may provide links that take you to other websites not controlled by Fresh Brothers. These linked websites are governed by their own privacy policies that are different from that of Fresh Brothers. Fresh Brothers has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party websites. Fresh Brothers is not responsible for the collection, use, disclosure, or protection of information collected through these websites, and Fresh Brothers expressly disclaims any and all liability related to such collection, use, or disclosure.
13. Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
This Agreement and the rights hereunder are not assignable or transferable except that Fresh Brothers may assign its rights hereunder. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
You agree that if Fresh Brothers does not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of Fresh Brothers’ rights and that those rights or remedies will still be available to Fresh Brothers.
In the event that any provision or part of this Agreement is held to be invalid or unenforceable such invalidity shall not affect the validity or operation of any other part or provision and such part or provision shall be deemed to be severed from the Agreement.
17. Governing Law and Venue
This Agreement shall be governed and interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this Agreement for the breach of this Agreement or any action or claim in any way relating thereto shall be venued in the state courts of the State of California, Los Angeles County. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue. The parties further agree that any arbitration pursuant to this Agreement shall be venued in Los Angeles, CA.
18. Arbitration; Class Action Waiver
IF YOU DO NOT OPT-OUT AS SET FORTH BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FRESH BROTHERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION EXCEPT FOR CERTAIN SITUATIONS AS DESCRIBED IN THIS SECTION.
Claims pertaining to access or use of the Sites, Services or these Terms shall be submitted and settled by final and binding arbitration. Arbitration shall be governed by the rules of the American Arbitration Association pursuant to the Arbitration Guidelines governing arbitration and shall be conducted in Los Angeles, California, USA.
We and you waive, to the fullest extent permitted by law, the right to bring, or be a class member in, any class action suit relating to any Claim. Therefore, we and you agree that arbitration will be conducted on an individual, not a class-wide, basis, that only we (and our affiliates and our and their respective owners, officers, directors, agents, and employees, as applicable) and you (and your affiliates and your and their respective owners, officers, and directors, as applicable) may be the parties to any arbitration proceeding described in this paragraph, and that no such arbitration proceeding may be consolidated or joined with another arbitration proceeding involving us and/or any other person. Despite the foregoing or anything to the contrary in this paragraph, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a claim that otherwise would be subject to arbitration under this paragraph, then we and you agree that this paragraph. will not apply to that claim, and such claim will be resolved in a judicial proceeding in accordance with the remainder of these Terms (excluding this paragraph.).
We and you shall be bound by the decision of the arbitrator and consent to the immediate entry of judgment upon such award in a court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Fresh Brothers. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to 11120 Hindry Ave, Unit C, Los Angeles, California 90250. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Fresh Brothers.
19. Statute of Limitations
Except for employees, to the extent permitted by law, claims must be brought within two years. The two-year period begins when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us, third party service providers, and our respective successors.
20. Amendments, Modifications, or Alteration of Terms
Fresh Brothers may without advance notice amend, modify, alter or otherwise update this Agreement from time to time and will do so by posting the new Agreement on this page consistent with applicable law. Each and every such amendment shall be become effective immediately for all pre-existing and future users.
21. No Agency
You agree and understand that notwithstanding any other provision of this Agreement, Fresh Brothers is not your agent, partner, or joint venturer in any respect.
22.1. Any notice under this Agreement shall be given by Fresh Brothers to you via email, if you have provided us with your email address. To change the email address associated with you, contact us at [email protected]. We will also post notices on the Site/s as necessary.
22.2. Any notice by you to Fresh Brothers shall be sent via certified or registered United States Mail to the following address:
Attn: Guest Relations
11120 Hindry Ave, Suite C,
Los Angeles, California 90045.
Sections 3-23, inclusive, of this Agreement shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
24. Contact Us
By email: [email protected]
By submitting a request through our Contact Us form
By phone number: (844) 921-0600
Attn: Guest Relations
11120 Hindry Ave, Suite C
Los Angeles, CA 90045
Version: 1.2 - 20221229