FRESHThese Terms govern your access to and use of the Fresh & Localé mobile application and related services. By accessing or using our platform, you agree to these Terms.
1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the Fresh & Localé website at freshandlocale.com and our mobile application (collectively, the "Platform"), operated by Fresh & Localé LLC ("Fresh & Localé," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
2. Eligibility
You must be at least 18 years of age to use the App. By using Fresh & Localé, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into a binding agreement. If you are using the App on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
3. Description of Service
Fresh & Localé is a peer-to-peer marketplace platform that connects local food buyers ("Buyers") with local growers, farmers, gardeners, ranchers, beekeepers, and other food producers ("Sellers"). Fresh & Localé provides the technology platform to facilitate these connections but is not a party to any transaction between Buyers and Sellers. We do not grow, produce, store, handle, or sell any food products directly.
4. User Accounts
To access most features you will need to create an account. You agree to: provide accurate and complete information when registering; keep your login credentials confidential; notify us immediately of any unauthorized access to your account; and be responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.
5. Buyer Terms
Buyers are responsible for reviewing all product listings carefully before making a purchase. Fresh & Localé does not guarantee the quality, safety, accuracy, or fitness for a particular purpose of any products listed on the platform. Buyers assume all risk associated with the purchase and consumption of food products obtained through the App. Buyers with food allergies, dietary restrictions, or health concerns should contact Sellers directly before purchasing. All sales are between Buyer and Seller directly; Fresh & Localé is not a party to the transaction.
6. Seller Terms
Sellers are solely responsible for the accuracy of their product listings, including descriptions, pricing, availability, ingredients, and allergen information. Sellers must comply with all applicable local, state, and federal laws and regulations governing the production, labeling, and sale of food products, including but not limited to cottage food laws, licensing requirements, health department regulations, and food safety standards. Fresh & Localé does not verify the accuracy of listings, the legal compliance of Sellers, or the safety of any food products listed on the platform. Sellers are solely responsible for any harm arising from their products.
7. Transactions and Payments
All transactions are conducted directly between Buyers and Sellers. Fresh & Localé may facilitate payment processing as a service but is not responsible for disputes, refunds, chargebacks, or failed transactions between Buyers and Sellers. Any disputes regarding product quality, non-delivery, or payment should first be resolved directly between the parties involved. Fresh & Localé may, at its sole discretion, assist in dispute resolution but is under no obligation to do so.
8. Prohibited Conduct
You agree not to: (a) use the App for any unlawful purpose or in violation of any applicable laws or regulations; (b) post false, misleading, inaccurate, or fraudulent listings or content; (c) harass, threaten, defame, or harm other users; (d) attempt to gain unauthorized access to any part of the App or its systems; (e) use automated tools, bots, or scrapers to collect data from the App; (f) list, sell, or distribute products that are illegal, unsafe, misrepresented, or prohibited under applicable law; (g) circumvent, manipulate, or abuse any fees, payment systems, or features of the App; or (h) engage in any conduct that disrupts or interferes with the App or other users’ experience.
9. Food Safety Disclaimer
Fresh & Localé is a technology platform only. We do not inspect, certify, test, or guarantee the safety, quality, or legality of any food products listed or sold through the App. Buyers purchase and consume products entirely at their own risk. Fresh & Localé strongly encourages Buyers to ask Sellers about food handling, storage, ingredients, and allergens prior to purchase. Fresh & Localé is not responsible for any illness, injury, or harm resulting from the purchase or consumption of products obtained through the App.
10. Intellectual Property
All content, features, and functionality of the Fresh & Localé App—including but not limited to text, graphics, logos, icons, images, and software—are the exclusive property of Fresh & Localé and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any App content without our express written permission. You retain ownership of any content you submit to the App, but by submitting content you grant Fresh & Localé a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content in connection with the operation and promotion of the App.
11. Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Fresh & Localé does not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no warranties regarding the quality, safety, legality, or accuracy of any products or listings on the platform.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Fresh & Localé and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the App, any transactions conducted through the App, or any products purchased through the App. Our total aggregate liability to you for any claims arising from these Terms or your use of the App shall not exceed the greater of (a) the total amount you paid to Fresh & Localé in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
13. Indemnification
You agree to indemnify, defend, and hold harmless Fresh & Localé, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any products you list, sell, or purchase through the App; or (e) your violation of any rights of any third party.
14. Termination
Fresh & Localé reserves the right to suspend or terminate your account and access to the App at any time, with or without notice, for conduct that we believe violates these Terms of Service, is harmful to other users, the platform, or third parties, or for any other reason at our sole discretion. You may delete your account at any time through the App settings. Upon termination, your right to use the App will immediately cease.
15. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which Fresh & Localé is incorporated, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.
16. Changes to Terms
Fresh & Localé reserves the right to modify these Terms of Service at any time. We will notify users of material changes through the App or by email. Your continued use of the App following notice of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App.
17. Contact Us
If you have questions about these Terms, please contact us at: Fresh & Localé LLC; Email: admin@freshandlocale.com; Website: freshandlocale.com.