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Welcome to the Freshly Picked subscription program (“Program”). We appreciate your business and look forward to serving your needs. These terms and conditions are a binding agreement (“Agreement”) that governs the relationship between you (“You” or “Member”) and Freshly Picked LLC (“Freshly Picked” or “We”). We reserve the right to make amendments to this Agreement from time to time, and we will post the revised versions on our website when we do. Amended terms are binding on any orders placed after the new terms are posted to our website. Subscription Costs and Benefits You pay $10 per month to become a Member. In exchange, you receive the following benefits for as long as your monthly fees are current. You will receive a $10 in-store credit each month. This credit can be rolled over and added to current credits from month to month. You will receive 20% off everything in our online store. You will receive early access to products we list exclusively for subscribers. The products we list are in our sole and absolute discretion. You will receive free standard ground shipping in the United States and Canada. If we provide you with different costs and benefits when you subscribe, those provisions (only those that relate to the specific costs and benefits) will prevail over these terms. Subscription Rules We never issue any refunds for cash. The credits are exclusively available for in-store purchases of Freshly Picked products. If you cease paying your subscription fees and your membership lapses, or if you choose to cancel your membership, you will not be eligible to become a member again for a period of twelve months. Credit Card Authorization and Payment We use a third-party credit card processor to store and process credit card transactions. By entering into this Agreement, you authorize us to charge your credit card for the subscription fee and any of the products you order online. If for any reason your credit card charge is reversed, you agree to pay our fees in the amount set forth above via other payment method reasonably acceptable to us. Any unpaid amount shall accrue interest in the lesser of 12% per annum, accrued monthly, or the maximum amount allowed by law. Warranty Disclaimer and Liability Limit FRESHLY PICKED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT PRODUCTS YOU DESIRE TO PURCHASE WILL ALWAYS BE AVAILABLE. EXCEPT WITH REGARD TO OUR WILLFUL MISCONDUCT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, AND IN CONSIDERATION OF THE RELATIVE RISKS AND REWARDS, WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; NOR, EXCEPT FOR OUR WILLFUL MISCONDUCT, SHALL OUR TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF $500.00. Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without reference to the United Nations Convention on the International Sales of Goods. The parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Oregon and waive any objections to jurisdiction therein that are based on forum non conveniens. If any provision of this Agreement, including without limitation the warranty disclaimer and liability limitation terms, shall be unlawful, void, or for any reason unenforceable, then the unenforceable or void portion of that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement and any applicable terms agreed in a sign-up document, as each may be amended as set forth herein, are the entire agreement between you and Company relating to the subject matter herein. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Freshly Picked Subscription Terms and Conditions Revised March 23, 2018 Welcome to the Freshly Picked subscription program (“Program”). We appreciate your business and look forward to serving your needs. These terms and conditions are a binding agreement (“Agreement”) that governs the relationship between you (“You” or “Member”) and Freshly Picked LLC (“Freshly Picked” or “We”). We reserve the right to make amendments to this Agreement from time to time, and we will post the revised versions on our website when we do. Amended terms are binding on any orders placed after the new terms are posted to our website. Subscription Costs and Benefits You pay $10 per month to become a Member. In exchange, you receive the following benefits for as long as your monthly fees are current. You will receive a $10 in-store credit each month. This credit can be rolled over and added to current credits from month to month. You will receive 20% off everything in our online store. You will receive early access to products we list exclusively for subscribers. The products we list are in our sole and absolute discretion. You will receive free standard ground shipping in the United States and Canada. If we provide you with different costs and benefits when you subscribe, those provisions (only those that relate to the specific costs and benefits) will prevail over these terms. Subscription Rules We never issue any refunds for cash. The credits are exclusively available for in-store purchases of Freshly Picked products. If you cease paying your subscription fees and your membership lapses, or if you choose to cancel your membership, you will not be eligible to become a member again for a period of twelve months. Credit Card Authorization and Payment We use a third-party credit card processor to store and process credit card transactions. By entering into this Agreement, you authorize us to charge your credit card for the subscription fee and any of the products you order online. If for any reason your credit card charge is reversed, you agree to pay our fees in the amount set forth above via other payment method reasonably acceptable to us. Any unpaid amount shall accrue interest in the lesser of 12% per annum, accrued monthly, or the maximum amount allowed by law. Warranty Disclaimer and Liability Limit FRESHLY PICKED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT PRODUCTS YOU DESIRE TO PURCHASE WILL ALWAYS BE AVAILABLE. EXCEPT WITH REGARD TO OUR WILLFUL MISCONDUCT, NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, AND IN CONSIDERATION OF THE RELATIVE RISKS AND REWARDS, WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; NOR, EXCEPT FOR OUR WILLFUL MISCONDUCT, SHALL OUR TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF $500.00. Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without reference to the United Nations Convention on the International Sales of Goods. The parties hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Oregon and waive any objections to jurisdiction therein that are based on forum non conveniens. If any provision of this Agreement, including without limitation the warranty disclaimer and liability limitation terms, shall be unlawful, void, or for any reason unenforceable, then the unenforceable or void portion of that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement and any applicable terms agreed in a sign-up document, as each may be amended as set forth herein, are the entire agreement between you and Company relating to the subject matter herein. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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