This document contains the terms of use for www.SeasonsFreshMarket.com ("our Web site") provided by Season’s Fresh Market, LLC.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE.

By using our Web site, you agree that these Terms of Use create a legally binding agreement between you and Season’s Fresh Market. If you do not agree to these Terms of Use, you may not use our Web site. These Terms of Use are effective unless and until terminated by Season’s Fresh Market.
Season’s Fresh Market reserves the right, at any time, to modify, amend, alter or update these Terms of Use. By continuing to use our Web site following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current Terms of Use.

Privacy
At Season’s Fresh Market, we are committed to protecting your privacy.  You can always be assured that the information we collect is used to provide a more personalized experience for users of this site.  By using this site, you are agreeing to accept the practices described in this term of use.  Information collected is used for contacting our customers including but not limited to specials events, promotions, advertising, and greetings.  By providing your personal information you agree that we may use this information for the mentioned above.  Season’s Fresh Market does not sell any personal information from our customers to other persons or entities.  In the event any information is stolen or used in a manner different than the one we provide, Season’s Fresh Market does not accept any liability of any kind.

Copyright Notice
Our Web site, in its entirety, including all site design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, arrangement, coordination, enhancement and presentation of said elements is the sole property of Season’s Fresh Market  and protected by United States and international copyright laws.

Using Our Web Site
Our Web site and its contents are intended for your personal use only as information source for our store. Other use of our website is strictly prohibited. Our Web site or any portion of our Web site may not be reproduced, duplicated, copied, transmitted, disassembled, sold, resold or otherwise exploited for any commercial purpose unless authorized in written by Season’s Fresh Market.

Conduct
Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy our Web site will not be permitted. Our Web site may only be used for lawful purposes. You are prohibited from posting on or transmitting through our Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws.

Errors on Our Web Site
Season’s Fresh Market makes all efforts to ensure that the information on this Site is accurate, current and complete.  However, there may be instances when information about a product contains inaccurate or incomplete information, such as information about the product's pricing or availability.   Season’s fresh Market does not warrant or guarantee that the information on this Site is error-free, complete, or current.  Season’s Fresh Market reserves the right to correct errors and/or to update the content or information on this Site at any time, without notice.

Pricing
Prices listed in our website do not include applicable sales tax.  In the event of a discrepancy between the prices in our website and our store, the store prices will govern.  Prices and/or availability are subject to change without notice.

Wine & beer products
Our Wine and beer products advertising are to be viewed only by individuals who are of legal drinking age in the United States that is twenty-one (21) years of age or older. 

Purchases on our Web Site
Through our website you may be able to purchase some products.  Your purchases on our Web site are subject to the following terms:
a) Only those individuals with a valid credit card may purchase.
b) Payment is by credit card only.  Currently, we accept Visa, MasterCard, Discover, and American Express.  Cash, personal checks, cashiers/certified checks, money orders, or any other form of payment will not be accepted.  Your credit card will be billed when your order is submitted by you.
c) Submission of your order constitutes an offer by you to purchase, and Season’s Fresh Market reserves the right to accept or reject your offer.  Acceptance of an offer occurs when the order is accepted by us and your credit card is successfully billed.  
d) Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise, and payment of any such costs are your responsibility or shipping charges.  Shipping & handling charges are responsibility of the buyer.

Offers - Promotions
In general, offers on this site are good only while supplies last. 

E-mail
By using this Web site and providing your e-mail address, you are consenting to receive e-mail from us unless you advise us in writing or by e-mail that you do not desire to receive e-mail from us.

Third Party Sites
Season’s Fresh Market may provide links on our Web site to other Web sites that are not under the control of Season’s Fresh Market or its affiliates. In general, any Web site that has an address (or URL) without the word “Season’s Fresh Market " is such a Web site. These links are provided for convenience or reference only and are not intended as an endorsement by Season’s Fresh Market or its affiliates of the organization or individual operating such Web site, or a warranty of any type regarding that Web site or the information on that Web site.  In addition, parties other than Season’s Fresh Market and its subsidiaries may provide services or sell products through web sites co-branded with Season’s Fresh Market.
Season’s Fresh Market does not control such web sites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such web sites or the technology they implement.  All use by you of such web sites is at your own risk.  Season’s Fresh Market reserves the right to terminate such links at any time without notice.  You should review the privacy policy and terms of use for each such web site and confirm that they are acceptable to you before you register on or use that site.  Because some web sites employ automated search results or otherwise link users to sites that contain information that may be deemed inappropriate or offensive, Season’s Fresh Market cannot be held responsible for the accuracy, legality or decency of material contained on such web sites.

Disclaimers
ALTHOUGH Season’s Fresh Market RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON OUR WEB SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Season’s Fresh Market DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEB SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE INFORMATION ON OUR WEB SITE IS INTENDED AS AN EDUCATIONAL OR INFORMATIONAL AID ONLY.
Season’s Fresh Market  MAY OBTAIN PRODUCT AND ITEM PHOTOGRAPHS,  INFORMATION AND INGREDIENTS FROM THE MANUFACTURERS OR SUPPLIERS OF SUCH PRODUCTS AND ITEMS, AND/OR THIRD-PARTY PROVIDERS OF SUCH IMAGES AND DATA. THIS SOMETIMES INCLUDES TAKING THE INFORMATION DIRECTLY FROM PACKAGING FOR SUCH PRODUCTS OR ITEMS. WE DO NOT INVESTIGATE THESE MATTERS TO DETERMINE IF THE INFORMATION IS  ACCURATE, NOR CAN WE PROVIDE ASSURANCE THAT ALL DATA ENTRY WAS DONE WITHOUT ERROR. IF MANUFACTURERS CHANGE INGREDIENTS OR NUTRITIONAL INFORMATION, WE CANNOT BE CERTAIN THAT WE WILL UPDATE THE INFORMATION IN A TIMELY MANNER. ACCORDINGLY, THE INFORMATION DISPLAYED ON OUR WEB SITE IS NOT GUARANTEED TO BE 100% ACCURATE. PLEASE CAREFULLY REVIEW THE LABELING OR OTHER INFORMATION ACCOMPANYING THE ACTUAL PRODUCT OR ITEM YOU PURCHASE, BECAUSE SUCH INFORMATION SHOULD BE CONSIDERED THE AUTHORITATIVE SOURCE.
Season’s Fresh Market  DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS TO THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.

Limitation of Liability
Season’s Fresh Market AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF OUR WEB SITE, YOUR MISUSE OF ANY INFORMATION CONTAINED HEREIN, OUR WEB SITE'S CONTENT, INCLUDING ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,  ANY THIRD PARTY WEB SITES ACCESSIBLE THROUGH LINKS ON OUR WEB SITE, OR ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED OR USED AS A RESULT OF YOUR USE OF OUR WEB SITE.  Season’s Fresh Market ALSO WILL NOT BE LIABLE FOR TECHNICAL FAILURES OR FOR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Season’s Fresh Market HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Season’s Fresh Market UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnities
You agree that you will hold harmless Season’s Fresh Market, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Season’s Fresh Market and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, our Web site or from the services rendered by Season’s Fresh Market in conjunction with your use of our Web site. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from our Web site or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your use of the content on this Web site, your use of this Web site, your connection to this Web site, your violation of these Terms of Use, or your violation of any rights of any other third party.  In no event will Season’s Fresh Market, its affiliates or the contributors of content to our Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Applicable Law
Our Web site is created and controlled by Season’s Fresh Market  in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms of Use, or any disputes that arise hereunder or relate in any way to the Terms of Use, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.

Disputes
Any dispute relating in any way to your visit to our Web site shall be submitted to confidential binding arbitration in Plantation, Florida, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Season’s Fresh Market or its affiliates, Season’s Fresh Market may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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Last modified: 12/2009