Terms and Conditions
If you continue to browse and use this link, form, or web site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern website relationship with you in relation to this link, form or web site. You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.
The term "website" or "us" or "we" refers to the owner of the link, form, or web site. The term "you" refers to the user or viewer of our web site.
Every effort is made to keep the web site up and running smoothly. However, we take no responsibility for, and will not be liable for, the web site being temporarily unavailable due to technical issues beyond our control.
The use of this web site is subject to the following terms of use:
- The content of the pages of this web site is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, reliability, availability, timeliness, performance, completeness or suitability of the information and materials found or offered on this web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this web site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this web site meet your specific requirements. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees harmless from and against any and all liabilities and costs incurred in connection with any claim arising out of any breach by you of this agreement or claims arising from your use of our web site. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- This web site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this web site which is not the property of or licensed to, we are acknowledged on the web site.
- Unauthorized use of this web site may give rise to a claim for damages and/or be a criminal offense.
- From time to time this web site may also include links to other web sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the web site(s). We have no responsibility for the content of the linked web site(s).
- You may not create a link to this web site from another web site or document without our prior consent. To make a request, please go to the link contact us.
- Your use of this web site and any dispute arising out of such use of the web site is subject to the laws of the state of New Jersey in the United States of America.
General Terms and Conditions
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD) unless otherwise noted. If a User submits a request on the Site to purchase products or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start an order until we receive the full payment.
Once an order has been approved, the customer is responsible for paying the entire amount of that order along with applicable taxes and shipping/handling fees
Shipping
Unless you choose to Pick Up, you need to select one of the shipping options presented to you on the Site. All shipping is currently done via UPS, FedEx, or USPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by UPS. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and FreshlyDried.com assumes no responsibility for delays caused by shipping carriers, weather, or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
FreshlyDried.com ’s responsibility is limited to preparing your printing order and delivering it to UPS, FEDEX pr USPS for shipping. FreshlyDried.com is not liable for damages that occur in shipping.
You will need to add one or two additional weeks for shipping time when purchase products that are not in stock, you will see the next legend " Products marked with *** are not available in the desired quantity or not in stock! "when you will go to purchase.
Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from FreshlyDried.com 's facility within 30 days, it will be shipped directly to the customer, and the customer will be billed for the applicable ground shipping rates. We cannot ship to P.O. Boxes or APO/FPO.
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of FreshlyDried.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media, and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
"website ", and any and all other marks appearing on this Site are trademarks of the website in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. we prohibit the use of Trademarks as a "hot" link on, or to, any other Web site unless the establishment of such a link is pre-approved by the website in writing.
Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site unless specifically permitted by "us". You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that, noted above without "us" prior written consent is prohibited.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like the product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in the future of this "website" products. Also, please remember that you are responsible for whatever material you submit and that you, not "us", have full responsibility for any message that you send, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of "us"
Privacy
You confirm that you have read, understood, and agree to the "website" Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you.
You consent to the use of your personal information by "us", its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the "website" Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by "us" in order to provide this Site and its services or products to you, or for such other purposes (as set forth in the Privacy Policy).
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL "us" — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, R FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by "us" for making a Request.
Some states—to the extent their law might be deemed to apply, notwithstanding the selection of New Jersey law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless "us" and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits, and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of "us". The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent, this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to "us", and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.
Governing Law
The internal laws of the State of New Jersey shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Harrison, New Jersey for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.