This website is operated by FreshMarcus.com. Throughout the site, the terms
“we", “us" and “our" refer to FreshMarcus.com. FreshMarcus.com offers this
website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service" and agree to be bound by the following terms and conditions
(“Terms of Service", “Terms"), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use
any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of
the Terms of Service at any time on this page. We reserve the right to
update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check
this page periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance of those
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You may not probe, scan, or test the vulnerability of any FreshMarcus.com
site or breach any security or authentication measures.
You may not collect any personally identifiable information from users of the
FreshMarcus.com site or use any such information found on the FreshMarcus.com site
You may not use a third party's credentials, conceal your true IP address, or
otherwise impersonate or misrepresent your identity or affiliation with any
person or entity
You may not use the FreshMarcus.com site to determine whether a third party
holds any type of account, or to learn about or verify information about the
account that is not yours
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material
on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We
reserve the right to modify the contents of this site at any time, but we
have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that
your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any
time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by contacting the
e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and
“as available" without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-party Links
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email,
by postal mail, or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us
or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
Section 10 - Personal Information
Your submission of personal information through the store is governed by our
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has
been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you
are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any
of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will
be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is'
and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement.
In no case shall FreshMarcus.com, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using
the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised
of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless FreshMarcus.com and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
These Terms of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by notifying
us that you no longer wish to use our Services, or when you cease using our
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
Section 18 - Governing Law
The laws of the State of Wisconsin apply to everything relating to
FreshMarcus.com's and the FreshMarcus.com Site' relationship to you. This
means that any and all disputes, claims and controversies arising out of or
relating to the FreshMarcus.com Site, including the sale of products,
content, services, or technology, on or used through the FreshMarcus.com
Site, shall be governed by and construed exclusively in accordance with the
laws and decisions of the State of Wisconsin applicable to contracts made,
entered into and performed entirely therein, without giving effect to its
conflict of laws provisions. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply.
Section 19 - Disputes/Arbitration
Please read this section carefully. it may significantly affect your legal
rights, including your right to file a lawsuit in court.
commerce and that the Federal Arbitration Act governs the interpretation
and enforcement of the provisions in this section 15.
For purposes of this section, we will use the capitalized word “Dispute" to
mean any dispute, claim, or controversy arising out of or relating to these
FreshMarcus.com Site, your (or anybody else's) access to and/or use of the
FreshMarcus.com Site, and/or the provision of content, products, services,
and/or technology on or through the FreshMarcus.com Site.
In the event of a Dispute, FreshMarcus.com or you must give the other notice
of the Dispute. This notice must include a brief written statement that sets
forth the name, address, and contact information of the party giving it, as
well as the facts giving rise to the Dispute and the relief requested. You
must send any such notice to FreshMarcus.com by email;
and by U.S. Mail to FreshMarcus.com, Inc., Legal Notice, to: 302
Industrial Drive, Columbus, WI 53590. To the extent that FreshMarcus.com
has your contact information, it will send any such notice to you by U.S.
Mail and your email address.
We will try to resolve any Dispute through informal negotiation within 30
days from the date that any notice of Dispute is sent by email and U.S. Mail.
FreshMarcus.com and you shall use reasonable, good faith efforts to settle
any Dispute through consultation and good faith negotiations. After 30 days,
FreshMarcus.com or you may resort to the other alternatives described in
Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral
rights, trademarks, and trade secrets and claims of piracy or unauthorized
use of the FreshMarcus.com Site shall not be subject to arbitration, and
the notice and 30-day negotiation period required by this paragraph shall
not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind,
if unresolved through informal discussions within 30 days of the sending of
the notice described above, shall be resolved by binding arbitration to be
held in the U.S. state in which you reside. For residents outside the United
States, arbitration shall be initiated in Wisconsin, and FreshMarcus.com
and you agree to submit to the personal jurisdiction of any state or federal
court in Wisconsin to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the
Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (collectively, “AAA Rules") of the American Arbitration
the AAA. The AAA Rules and fee information are available at
by calling the AAA at 1 (800) 778-7879.
FreshMarcus.com shall bear the cost of any arbitration filing fees and
arbitration fees for claims of up to $75,000, unless the arbitrator finds
your claims, defenses, or other fee-generating activity to be asserted or
conducted for an improper purpose or frivolous. You are responsible for all
other additional costs that you may incur in the arbitration including,
without limitation, attorney's fees and expert witness costs unless
FreshMarcus.com is specifically required to pay such fees under applicable
law. For claims that total more than $75,000, the AAA Rules will govern
payment of filing fees and arbitration fees. The decision of the arbitrator
will be in writing and binding and conclusive on FreshMarcus.com and you,
and judgment to enforce the decision may be entered by any court of
competent jurisdiction. FreshMarcus.com and you agree that dispositive
motions, including without limitation motions to dismiss and motions for
summary judgment, will be allowed in the arbitration. The arbitrator must
court, including injunctive or other equitable relief and attorney's fees.
FreshMarcus.com and you understand that, absent this mandatory arbitration
provision, FreshMarcus.com and you would have the right to sue in court and
have a jury trial. FreshMarcus.com and you further understand that, in some
instances, the costs of arbitration could exceed the costs of litigation and
that the right to discovery may be more limited in arbitration than in court.
If FreshMarcus.com's or your claim is solely for monetary relief of $10,000
or less and does not include a request for any type of equitable remedy, the
party bringing the claim may choose whether the arbitration of the claim
will be conducted, through a telephonic hearing, or by an in-person hearing
under the AAA Rules, solely based on documents submitted to the arbitrator.
You or FreshMarcus.com may choose to pursue a claim in small claims court
where jurisdiction and venue over you and FreshMarcus.com otherwise
qualifies for such small claims court and where the claim does not include a
request for any type of equitable relief. However, if you decide to pursue a
claim in small claims court, you agree to still provide FreshMarcus.com
30-day advance notice by email to
help@FreshMarcus.com AND by U.S.
Mail to FreshMarcus.com, Inc., 302 Industrial Drive, Columbus, WI 53925.
You have the right to opt out and not be bound by the provisions requiring
arbitration by sending written notice of your decision to opt out to
FreshMarcus.com by email to
help@FreshMarcus.com AND by U.S. Mail to
FreshMarcus.com, Inc., 302 Industrial Drive. The notice must be sent
within 30 days of your first use of any of the FreshMarcus.com Site. If you
do not opt out via this method, you will be bound to arbitrate Disputes in
accordance with the terms of these paragraphs. If you opt out of the
provisions requiring arbitration, FreshMarcus.com will not be bound by them
either. If any clause within this Disputes/Arbitration section is found to
be illegal or unenforceable, that specific clause will be severed from this
section, and the remainder of its provisions will be given full force and
effect. In any event, if for any reason a Dispute between FreshMarcus.com
and you is before a court (e.g., if the arbitration provisions are found
to arbitration), FreshMarcus.com and you agree to waive, to the fullest
extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by
you against any present or future parent, subsidiary, or affiliated company
of FreshMarcus.com, or any employee, officer, director, or investor of
FreshMarcus.com, and to any claims asserted by any of them against you, to
(such as with respect to their validity or enforceability), the
FreshMarcus.com Site, any person's access to and/or use of the
FreshMarcus.com Site, and/or the provision of content, products, services,
and/or technology on or through the FreshMarcus.com Site.
Section 20 - Class Action Waiver
Please read this section carefully. it may significantly affect your legal rights.
For purposes of this section, we will also use the capitalized word “Dispute"
to mean any dispute, claim, or controversy arising out of or relating to
the FreshMarcus.com Site, your (or anybody else's) access to and/or use of
the FreshMarcus.com Site, and/or the provision of content, products,
services, and/or technology on or through the FreshMarcus.com Site.
FreshMarcus.com and you agree to resolve any Dispute will be brought in an
individual capacity, and not on behalf of, or as part of, any purported
class, consolidated, or representative proceeding. FreshMarcus.com and you
further agree to not participate in any consolidated, class, or
representative proceeding (existing or future) brought by any third party
arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative
action waiver set forth in this section is void or unenforceable for any
reason or that arbitration can proceed on a class, consolidated, or
representative basis, then the disputes, claims, or controversies will not
be subject to arbitration and must be litigated in federal court located in
If any clause within this Class Action Waiver section is found to be illegal
or unenforceable, that specific clause will be severed from this section,
and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by
you against any present or future parent, subsidiary or affiliated company
of FreshMarcus.com, or any employee, officer, director, or investor of
FreshMarcus.com, and to any claims asserted by any of them against you, to
the extent that any such claims is a Dispute
Section 21 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
Section 22 - Contact Information
Questions about the Terms of Service should be sent to us at