1. Introduction

These Terms and Conditions ("Terms") govern your use of the services and website operated by FRESH Markets NJ, LLC ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

2. Services Description

FRESH Markets NJ, LLC provides pop-up market events and other related services. We reserve the right to change or discontinue any aspect of our services at any time without notice. We aim to keep information on our website accurate and up to date, but do not guarantee the completeness or accuracy of any information.

3. User Responsibilities

You agree to use our website and services only for lawful purposes. You must not:

• Use our services in any way that breaches applicable laws or regulations.
• Attempt to gain unauthorized access to our systems or data.
• Agree to our stated Code of Conduct.
• Use our website for malicious purposes, including uploading viruses or harmful material.

4. Booking and Payment

If you make a booking or purchase through our website, you agree to provide accurate information and to keep your payment details up to date. All payments are processed by third-party providers, and by making a booking or purchase, you consent to the processing of your information by these providers. Bookings are subject to availability, and we reserve the right to cancel or refuse service at our discretion.

5. Cancellations and Refunds

For detailed information on our cancellation policy, please refer to the following document: Cancellation Policy. This document includes specific scenarios for refunds and non-refundable circumstances.

6. Intellectual Property

All content provided on our website, including text, images, graphics, and logos, is owned by or licensed to FRESH Markets NJ, LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any part of our website for commercial purposes without our prior written consent.

7. Third-Party Services

Our website may contain links to third-party services or use third-party integrations, such as payment processing or analytics tools. We are not responsible for the content, accuracy, or privacy practices of any third-party services. Your use of these services is at your own risk and subject to their individual terms.

8. Limitation of Liability

To the maximum extent permitted by law, FRESH Markets NJ, LLC shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of our website or services. Liability is limited to the value of the service purchased. This includes, but is not limited to, damages related to loss of data, loss of profits, or business interruptions.

9. Indemnification

You agree to indemnify, defend, and hold FRESH Markets NJ, LLC, its employees, and partners harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of our services or breach of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, specifically Monmouth County. Any disputes arising under these Terms will be resolved exclusively by the state or federal courts located in Monmouth County, New Jersey.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If changes are made, we will provide notice by updating this page. Continued use of our services constitutes acceptance of the revised Terms.

12. Privacy Policy Reference

Please review our Privacy Policy for information on how we collect, use, and protect your personal data.

13. User Accounts

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. You agree to notify us immediately of any unauthorized use of your account.

14. Termination of Use

We reserve the right to terminate your access to our services at our discretion, including for breaches of these Terms, fraud, harassment, or other harmful behavior.

15. Force Majeure

FRESH Markets NJ, LLC shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or other events of force majeure.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, along with our Privacy Policy, represent the entire agreement between you and FRESH Markets NJ, LLC, superseding any prior agreements or understandings, whether written or verbal.

18. Contact Us

For questions or concerns about these Terms, please contact us at team [at] asburyfresh [dot] com. You may also write to us at FRESH Markets NJ, LLC, 808 Springwood Ave, Asbury Park, NJ 07712.