Terms & Conditions
Terms and Conditions
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.mini-fresh.com . By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us” or “we” or “our” refers to [Our Company], the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and [Our Company] Mini Fresh LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [Our Company], and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services,and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Mini Fresh grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Mini Fresh.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Mini Fresh .
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not
- authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of or access to our Website by anyone under such age, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older, and that you agree to abide by all the terms and conditions of this Agreement. MINI FRESH LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our Website are not necessarily the opinions of [Our Company].
Any Blog content provided by our bloggers are of the blogger’s opinion, and are not intended
to malign any religion, ethnic group, club, organization, company, individual or anyone or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or Content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other Content appearing on our Website or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Mini Fresh or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY [OUR COMPANY] AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Mini Fresh is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Mini Fresh . Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter using our Website or Services. Mini Fresh is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Mini Fresh assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
Mini Fresh is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will [Our Company] be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Mini Fresh reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
MINI FRESH LLC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. MINI FRESH LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. MINI FRESH LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR COMPANY].
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Mini Fresh, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Products or/And Services, (b) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL Mini Fresh OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF
Mini Fresh IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MINI FRESH LLC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
MINI Fresh stresses that we are not a professional nutritionist, dietitian, or doctor and should not be confused with a licensed medical advisor. The content provided on this website is for informational purpose only and is not intended as a substitute for advice from your healthcare provider. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using any MINI Fresh products. Consult your pediatrician before changing your child’s diet and eating habits.
MINI Fresh strives to provide the freshest foods possible to children and nursing mothers. That means that we make consumer safety our number one priority. All products are made in small batches at commercial kitchen and delivered frozen if baby or toddler food and fresh if kids meals. Foods are cooked at a temperature of 165 °F and over before being cooled to minimum of 41 °F or less to cool before packaging and freezing. Do not consume products after the date printed on the jar, as the freshness of food is not guaranteed after this date. Proper handling must be taken by the consumer upon receipt of the product to ensure quality.
While MINI Fresh has a strict protocol to ensure that all foods are safely handled. This product is not intended for resale.
Food Allergy Disclaimer
The most effective defense against a food allergy is knowledge. People who have food allergies or food intolerances should take extra cautions when trying new products for the first time. Parents should educate themselves on the warning signs of an allergic reaction to foods and should closely monitor their children when introducing new foods to them.
Children should be tested for food allergies before consuming MINI Fresh products. Do not feed children more than one ingredient at a time when introducing MINI Fresh products to them initially.
Our products are always made from fresh organic produce and are frozen to ensure quality. Safety is our number one priority and we make every effort to identify ingredients that may cause an allergic reaction. No liability exists against MINI FRESH or anyone who works for or volunteers for MINI FRESH; nor can they be held responsible for any allergy, illness or injurious effect that any person or animal may suffer as a result of consuming any product by MINI Fresh. Please be advised that our products may contain allergens, may have come in contact with items containing allergens, and there is always a risk of contamination or cross-contact.
Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. MINI FRESH LLC is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Mini Fresh will submit all necessary information to the proper authorities.
If any Member Content is reported to MINI FRESH LLC as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Mini Fresh . Should the Member fail to meet such a request,
Mini Fresh has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
- Upload, post or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws.
- Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- Links directly or indirectly to any materials to which you do not have a right to link.
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- In the sole judgment of Mini Fresh , is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Mini Fresh , our affiliates, or our Users to any harm or liability of any type.
- Use our Content to:
- Develop a competing website.
- Create compilations or derivative works as defined under United States copyright laws.
- Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- Decompile, disassemble or reverse engineer our Website, Services, and any related software.
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
- Use of Information
- All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
- Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
- Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
WEEKLY/ BIWEEKLY / MONTHLY SUBSCRIPTION PLAN
The first time You sign up for a subscription to Mini Fresh Services and Products, You are immediately charged for the first period of the Plan at the time it is selected. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Plan before each subsequent expected delivery date until your subscription is cancelled.
Mini Fresh may change the price of a Plan, introduce a new Plan, or cancel any subscription Plan from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice”.
Refund and Return Policy
If you are not satisfied with a Product for any reason, you must contact our customer service team at firstname.lastname@example.org no later than twenty-four (24) hours following its delivery. Depending on the circumstances, and within the sole discretion of Mini Fresh, we will provide a full or partial credit or refund of the purchase price for that Product delivery. Mini Fresh may require either that the Product be returned to MINI FRESH or photographic images and documentation of the basis of Your dissatisfaction with the Product before we process a credit or refund. You forfeit the right to any credits upon cancellation. They are not cash or cash equivalents.
We use third-party carriers to deliver your food Product packages. Tracking information is provided for every package shipped. It is necessary that You provide us with the completely accurate shipping information and any additional instructions required for delivery. For any shipping error caused by the carrier (including damaged packages or delayed deliveries), a refund or replacement Product delivery at no additional charge will be made at Mini Fresh sole discretion. Mini fresh may require that You provide documentation (e.g. photos, digital images, etc.) of shipping damage. For any shipping error caused by a mistake or omission of shipping information provided by You, we will provide no more than one courtesy replacement Product shipment.
DELIVERY DELAYS AND RISK OF LOSS
Title to each food Product shipped to You passes to You at the time of delivery to the address listed on Your account. As these Products are perishable, Mini Fresh does guarantee the condition of the food Products of any delivery that has to be re-routed or is held for pick-up
Our Product packaging is designed to keep your order fresh and cool for at least 36 hours from the time it leaves our facility. Shipments are scheduled for delivery on the specified delivery date. You have a duty to accept and inspect each Product shipment immediately upon arrival to confirm that it is in good condition and to ensure, using an accurate kitchen thermometer, that each Product is still cool (41 degrees Fahrenheit or lower for the internal temperature)
In the event that delivery is delayed as the result of weather or other impediments beyond our reasonable control, a scheduled delivery date may be modified or cancelled. If Mini Fresh reasonably determines that a delivery cannot be made at or before the scheduled date/time, we may, in our sole discretion, offer a credit or refund. If You are not at home when Your delivery arrives, the courier will generally leave the package at the front door. Any individual at the delivery address who accepts a Product delivery is presumed to have authority to receive such delivery.
To maintain the quality and integrity of the products, you must immediately upon delivery refrigerate all perishable products (at a temperature of 38 degrees Fahrenheit or below) or freeze upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found at https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/saf e-food-handling/refrigeration-and-food-safety/ct_index . We also recommend that You follow the USDA’s instructions on safe food handling, which can be found at https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/saf e-food-handling/basics-for-handling-food-safely/ct_index. Your failure to follow all safe food handling practices and temperature recommendations increases the risk of food-borne illness.
The Products are designed to remain fresh for a specified period of time under proper storage conditions. Each Product delivery will include instructions on the date by which each Product should be consumed. A product package may include a specific “use by” date or instruct You to consume the product within a certain number of days of delivery. These instructions should be strictly followed.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE STORAGE, REFRIGERATION AND/OR FREEZING, HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS DELIVERED TO YOU. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR OTHER CONDITIONS YOUR CHILD MAY HAVE AND ENSURING THAT YOUR CHILD IS NOT EXPOSED TO ANY FOOD OR INGREDIENT THEY MAY CAUSE YOUR CHILD TO EXPERIENCE ANY ADVERSE EFFECT, FOR VERIFYING THE QUALITY AND INTEGRITY OF THE PRODUCT PACKAGES AND THEIR CONTENTS BEFORE SAFELY STORING, HANDLING, PREPARING, USING OR FEEDING SUCH PRODUCTS TO ANY CHILD. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE AND/OR OUR THIRD-PARTY FULFILLMENT VENDORS STORE, PORTION AND PACKAGE PRODUCTS CONTAINING THE MAJOR FOOD ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, CRUSTACEAN SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
You are not permitted to resell any of Mini fresh Products
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Scottsdale, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Scottsdale, Arizona. necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Scottsdale, Arizona. and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes to our Terms and Conditions will become effective 30-days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any — including for example, arbitration provisions — for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our website, services, and products after any change to these Terms and Conditions, and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our website, services and products.
TERMS & CONDITIONS
Please read the following very carefully to ensure you understand each provision.
These Terms & Conditions (“Terms”) are a legal contract between You and Mini Fresh LLC
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CIVIL LAWSUITS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
IMPORTANT HEALTH INFORMATION
Mini Fresh may provide health information. No particular dietary, medical, physiological or health advice or result is offered, promised or guaranteed. By purchasing from Mini Fresh, You acknowledge that Mini Fresh makes no express or implied statements, representations, claims, or guarantees for any specific dietary or health-related results.
Mini Fresh does not imply, suggest or represent that any of Our products/meals have been approved for any individual use by a medical doctor. IF YOUR CHILD HAS ANY MEDICAL CONDITION, INCLUDING A FOOD ALLERGY, YOU MUST OBTAIN THE APPROVAL OF YOUR CHILD’S PHYSICIAN PRIOR TO STARTING ANY OF MINI FRESH PRODUCTS.