Terms and Conditions
The Agreement is between the User and Creighton Community Foundation DBA Frescazona. The website (the “Site”) is located at https://shop.frescazona.com and is composed of various web pages operated by Frescazona. The terms and conditions include our return policy and are updated regularly at Frescazona: https://shop.frescazona.com/terms-and-conditions. Your use of https://shop.frescazona.com/ constitutes your Agreement to all such terms. Use of the website is acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Please read these terms carefully.
The website at https://shop.frescazona.com is an eCommerce site that sells food, produce, and beverages. We do not charge a bag fee or for a box.
Return Policy
Frescazona will refund part of your order if you are unhappy with a particular product within the order. If you canceled your order before it shipped, is out for delivery, or never received the order because it was lost in transit, Frescazona will provide a full refund.
If you are an EBT cardholder, we will process your refund within 24 hours. Regular debit/credit cardholders can process a refund for up to three business days. Your repayment is processed on your original payment method.
For EBT card holders, we do not issue refunds on gift cards.
If you want a refund, email us at info@frescazona.com or call 602-888-3770
Privacy
Your use of FRESCAZONA’s website means you consent to the privacy policy. Please review our Privacy Policy at https://shop.frescazona.com/privacy-policy. The Privacy Policy governs the site and informs users of our data collection practices.
Electronic Communications
Visiting https://shop.frescazona.com or sending emails to FRESCAZONA constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the site satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FRESCAZONA is not responsible for third-party access to your account that results from theft or misappropriation of your account. FRESCAZONA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
FRESCAZONA does not knowingly collect personal information from persons under thirteen, either online or offline. If you are under 18, you may use https://shop.frescazona.com only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
https://shop.frescazona.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FRESCAZONA, and FRESCAZONA is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. FRESCAZONA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FRESCAZONA of the site or any association with its operators.
Certain services made available via https://shop.frescazona.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://shop.frescazona.com domain, you hereby acknowledge and consent that FRESCAZONA may share such information and data with any third party with whom FRESCAZONA has a contractual relationship to provide the requested product, service, or functionality on behalf of https://shop.frescazona.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://shop.frescazona.com strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to FRESCAZONA that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of FRESCAZONA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the site. FRESCAZONA content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of FRESCAZONA and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FRESCAZONA or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
FRESCAZONA has no obligation to monitor the Communication Services. However, FRESCAZONA reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. FRESCAZONA reserves the right to terminate your access to any or all of the Communication Services without notice for any reason whatsoever.
FRESCAZONA always reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in FRESCAZONAs sole discretion.
Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. FRESCAZONA does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, FRESCAZONA expressly disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FRESCAZONA spokespersons whose views do not necessarily reflect those of FRESCAZONA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://shop.frescazona.com or Posted on Any FRESCAZONA Web Page
FRESCAZONA does not claim ownership of the materials you provide to https://shop.frescazona.com (including feedback and suggestions) or post, upload, input, or submit to any FRESCAZONA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting FRESCAZONA, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid concerning the use of your Submission, as provided herein. FRESCAZONA is not obligated to post or use any Submission you may provide and may remove any Submission at any time in FRESCAZONA’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The service is controlled, operated, and administered by FRESCAZONA from our offices within the USA. If you access the service from outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FRESCAZONA Content accessed through https://shop.frescazona.com in any country or manner prohibited by applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless FRESCAZONA, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. FRESCAZONA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FRESCAZONA in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and FRESHCAZONA agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN and
FRESCAZONA AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SITE AT ANY TIME.
FRESCAZONA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESCAZONA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESHCAZONA AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRESCAZONA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
FRESCAZONA reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Arkansas, and you hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes arising out of or relating to the use of the site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FRESCAZONA because of this Agreement or use of the Site. FRESCAZONAs performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of FRESCAZONAs right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by FRESCAZONA with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and FRESCAZONA concerning the site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FRESCAZONA concerning the site. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Changes to Terms
FRESCAZONA reserves the right, in its sole discretion, to change the Terms under which https://shop.frescazona.com is offered. The most current version of the Terms will supersede all previous versions. FRESCAZONA encourages you to review the Terms periodically to stay informed of our updates.
Contact Us
FRESCAZONA welcomes your questions or comments regarding the Terms. You may reach us at any time using any of these contact methods:
- Email: info@frescazona.com
- Tel: 602-888-3770
- Creighton Community Foundation DBA Freshcazona
2309 N 24th Street, Phoenix, AZ 85008
Effective as of November 22, 2023