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Terms of Use

Last Revised: December 1, 2021

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and Schwan's Shared Services, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate herein (collectively, "Terms of Use") govern your access to and use of this website, including any content, functionality, and offerings offered on or through this website ("Website").

Please read the Terms of Use carefully before you start to use the Website (including by placing an order on the Website). By continuing to use the Website (including by placing an order on the Website) or by clicking to accept or agree to the Terms of Use if and when such option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Notice (found at www.Freschetta.com/privacy-notice and incorporated herein by reference), our User-Generated Content Terms and Conditions (found at www.Freschetta.com/pages/ugc-terms and incorporated herein by reference) (“User-Generated Content Terms”), and applicable laws and regulations. If you do not want to agree to these Terms of Use, the Privacy Notice, the User-Generated Content Terms, and applicable laws and regulations, you must immediately cease accessing or using the Website.

This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are 16 years of age or older. If you are not at least 16 years of age, you must immediately stop accessing or using this Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will become effective immediately when we post them, and your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE/MODIFICATIONS TO WEBSITE

We reserve the right to withdraw or amend this Website (including by removing content) in our sole discretion without notice. Additionally, from time to time, we may restrict access to some parts of the Website, or the entire Website, to users. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and/or resources). Such new services and/or features will also be subject to these Terms of Use.

VISITOR ONLINE CONDUCT

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree to not use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, an affiliate, an employee of Company or a Company affiliate, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts, inhibits, or disrupts anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • To attempt to obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware with the Website, from which you are restricted.

You agree you are solely responsible for any actions you undertake while visiting this Website, and you warrant that all information you provide through this Website is accurate and truthful.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and the Company, its licensors, or other providers of such material (as applicable) expressly reserve all rights in and to all content on the Website. No license is granted to you in connection with any such content, and any unauthorized use or misuse of such content is prohibited as provided by these Terms of Use. You cannot reproduce, modify, create derivative works of, distribute, download, display, republish, store, transmit, or sell, in any form in part or in whole, any of the content on the Website without express permission of the copyright owner prior to the action. Your personal and non-commercial use to display, copy, distribute, print and/or download the content will be granted but, you must not: (a) modify the content; or (b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you do modify the content, you must have prior written permission to do so. You may print copies of the information for your personal use, store the files for your personal use, or reference this Website for your own use/information. In its sole discretion, the Company or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including through criminal prosecution.

Additionally, the Company name, trademarks, trade names, logos, and all related product names, design marks and slogans which appear on the Website are the trademarks (registered or unregistered) of the Company or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is the Company’s Law Department, which can be reached at sipllc@schwans.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

LINKS TO THIRD PARTY SITES

The Website may contain links to other sites and resources not owned or controlled by us. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

USER-GENERATED CONTENT

Company’s rights and permissions with respect to content that you create and post on this Website or elsewhere that relates to Company, Website, Company’s affiliates, Company’s products, and/or Company’s affiliates’ products are outlined in the User-Generated Content Terms.

OPTIONAL TOOLS

We may provide you with access to third-party tools on the Website that we do not monitor, and over which we do not have control and/or input. 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 expressly disclaim all liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Website 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 provider(s).

GEOGRAPHIC RESTRICTIONS

The Company is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

E-COMMERCE TERMS AND CONDITIONS

This E-Commerce Terms and Conditions section applies to the purchase and sale of products through the Website. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF: (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENT OR PRODUCTS BY APPLICABLE LAW.

  1. Billing and Account Information. You agree to provide current, complete and accurate information for all purchases made on the Website, including if you create an account on the Website. If you desire to create an account, you may register on the Website by completing the specified form and activating your account via e-mail. Using your account will allow you to view your orders and manage your profile information. When creating an account, you must provide accurate and complete information about yourself – you may not use another individual’s identity or a fake identity. When you create an account, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree that you will not: (a) use the account, username, and/or password of any other visitor to the Website; (b) share your account; or (c) disclose your password to any third party. You agree to notify us immediately if you suspect any authorized access to or use of your account or password. You are solely responsible for any and all use of your account and password. You agree to promptly update your account and other information, including your email address, to reflect any changes to your information. If you desire to close or deactivate your account, you can do this by emailing us at comments@freschetta.com.
  2. Order Acceptance. You agree that your order is an offer to buy all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email.
  3. Prices and Payment Terms.
    1. All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card and/or other payment account information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card and/or other payment account information for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or the payment account provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  4. Shipments; Delivery; Title and Risk of Loss.
    1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
    2. Title and risk of loss pass to you upon delivery (meaning when our carrier leaves the product at the delivery destination). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for product spoilage and/or thawing if the product is not removed from its shipping packaging and placed in the freezer in a timely manner. Please review product packaging for details regarding storage of the product. Company is not liable for injury due to handling of the shipping container, including but not limited to, the cooling agents.
  5. Replacements and Refunds. If any product you order from us is incorrect, is not fully frozen at the time of delivery, or is damaged at the time of delivery, we will replace the product or offer a refund of your purchase price, less the original shipping and handling costs. We may require photographs demonstrating the issue prior to approving the replacement or refund. Replacement and refund requests will be reviewed in a timely manner. Refunds are usually processed within approximately seven (7) business days. A refund will be credited back to the same payment method used to make the original purchase on the Website.
  6. Warranty. WE WARRANT THAT AS OF THE DATE AND TIME A SHIPMENT OF PRODUCT IS DELIVERED, THE PRODUCT WILL: (I) NOT BE ADULTERATED, CONTAMINATED OR MISBRANDED WITHIN THE MEANING OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT (THE “ACT”); (II) NOT BE A PRODUCT THAT MAY NOT BE SHIPPED OR SOLD IN INTERSTATE COMMERCE PURSUANT TO THE ACT; AND (III) BE IN COMPLIANCE WITH ALL APPLICABLE LAWS.
  7. Intellectual Property Ownership. You do not and will not have or acquire any ownership of the intellectual property rights in or related to the products made available through this Website.
  8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted under or breached this E-Commerce Terms and Conditions section, for any failure or delay in fulfilling or performing any provision within this E-Commerce Terms and Conditions section when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (each, a “Force Majeure Event”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) other events beyond our reasonable control. We will use reasonable commercial efforts to end the failure or delay and ensure that the effects of such Force Majeure Event are minimized, and will notify you of the Force Majeure Event. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the Force Majeure Event.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE EXTENT NOT PROHIBITED BY LAW, THE WARRANTY WITHIN SECTION 6 OF THE E-COMMERCE TERMS AND CONDITIONS SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR SUCH EXPRESS WARRANTY AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

OUR RESPONSIBILITY FOR ANY ISSUE WITH RESPECT TO PRODUCT, AND YOUR SOLE AND EXCLUSIVE REMEDY, IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN SECTION 5 OF THE E-COMMERCE TERMS AND CONDITIONS SECTION.

OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF: (A) THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any contribution you make to the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND VENUE

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal or state courts located in Hennepin County, Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use will be effective unless expressly consented to by the Company in writing, nor will any such waiver be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Notice, and our User-Generated Content Terms constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

YOUR COMMENTS AND CONCERNS

This Website is operated by Schwan's Shared Services, LLC, 8500 Normandale Lake Boulevard, Suite 2000, Bloomington, MN 55437.

All notices of copyright infringement claims should be sent to the copyright agent designated in the section above entitled "Reporting Claims of Copyright Infringement."

All questions, feedback, and comments with respect to the purchase of products through the Website should be directed to orders@freschetta.com. All other feedback, comments, requests for technical support, and communications relating to the Website should be directed to questions@schwans.com.