Last Updated: June 23, 2021
We may modify these Terms from time to time in our sole discretion without notice to you. When we do modify these Program Terms, we will update the “Effective Date” shown above to reflect the date of the modification.
In these Terms, the words “you” and “your” refer to visitors and users of the Site, and the words “we,” “our” and “us” refer to The Fresh Market, Inc. and its affiliated companies. The word “Content” refers to all content, features, and functionality included in or accessible through the Site, which may include (but is not limited to) information, software, text, images, video, and audio and the design, arrangement, and layout of the Site itself.
Registration/Login To access and enjoy all of the features, products, and services available on the Site, and to enhance your online shopping experience, you may need to register and create a customer account or log into the Site using another approved account, such as your Google or Facebook account.
When you register, you will be issued a username and password (your “Credentials”). You must treat your Credentials as confidential, and you must not disclose your Credentials to any other individual or entity. You acknowledge that your account is personal to you and agree not to provide your Credentials to any other person. You agree to notify us promptly of any unauthorized use of your Credentials or any other breach of security. You will remain liable for any unauthorized use of the Site using your Credentials until you notify us of such unauthorized use.
We have no liability arising from our usage of inaccurate or out-of-date information that you provide to us and you agree that all information you provide to us is correct, current, and complete, and agree to update it in the future if any of it becomes out-of-date.
We may suspend or terminate your account or your ability to access portions of the Site in our sole discretion.
Shopping & Delivery The Site may allow you to pre-order party platters and holiday meals, purchase gift cards, and buy groceries for home delivery or curbside pickup at a local The Fresh Market store. These transactions will be fulfilled by us and/or by our agents, suppliers, vendors, contractors, or licensees. Product availability and pricing reflected on the Site may differ from that found in our stores and is subject to change, without notice.
Holiday meal and party platter orders made through the Site must be picked-up and paid for at a designated store location. Online gift cards and grocery orders must be paid for through the Site at the time you place your order. Gift cards will be sent via the U.S. Postal Service to the delivery address you specify in your order. When you order groceries from the Site for curbside pickup, your order will be prepared and brought to your vehicle. For delivery orders, your groceries will be delivered to the delivery address you specify at the time of order placement by a third-party provider.
We shall not be liable, and you agree not to hold us or our agents or employees responsible, for any damage or theft that occurs during delivery.
Product availability can change rapidly. You acknowledge that we may, prior to delivery, modify, cancel or ship only portions of the product(s) that you order. We will try to notify you of any such changes.
Fees, Payment And Access You are responsible for, and agree to pay promptly, all charges, including applicable taxes and purchases by you or anyone you allow to use your Credentials. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Site is also subject to limits established by your credit card issuer. We are not responsible if your credit card issuer declines payment. The manner, timing, and availability of refunds will be determined by us in our sole discretion.
You may opt out of the SMS Program at any time. We do not require you to consent to receive promotional text messages in order to purchase any goods or services. You can expect to receive up to ten (10) promotional text messages per month, plus additional non-promotional texts messages. Message and data rates may apply to each text message sent or received, in addition to any applicable roaming charges. Please check with your carrier for details.
To unsubscribe from the SMS Program, text “STOP” to 31757 or reply “STOP” to any SMS Program text message. For help, text “HELP” to 31757 or reply “HELP” to any SMS Program text message. You can also unsubscribe by filling out the Contact Us Form at thefreshmarket.com/contact-us or by calling us at 866-817-4367. You agree that, following any such request to unsubscribe, you may receive one (1) last text message simply to confirm that your request to unsubscribe has been processed. Following that confirmation message, no additional promotional text messages will be sent unless you opt back into the SMS Program.
No Warranties You use the Site at your own risk. Except as specifically provided below, we do not promise that the Site will be available at any particular time, that it will meet your needs or that it will function without interruption or errors. The Site is intended for informational purposes only. Although we try to ensure that Content on the Site is accurate, we do not promise that such Content is error-free and, correspondingly, we are not responsibility for the accuracy, completeness or usefulness of material found on the Site. Further, we do not promise that Content will remain constant or that any links to the Site will continue to work in the future. We reserve the right to change the Site from time to time in our sole discretion. While we take measures to protect the security of the Site and to prevent unauthorized changes to the Site, no such measures can be entirely effective. Correspondingly, we do not promise that the Site will be free of malware, viruses, worms, trojan horses and the like. EXCEPT AS SPECIFIED IN THESE TERMS, THE SITE IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY TYPE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTIABILTY, FITNESS FOR A PATIICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE. THE SITE IS PROVIDED ON AN “AS-IS” and “AS AVAILABLE” basis.
The Site may include Content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such Content are solely the opinions and the responsibility of the third party providing such materials.
Any mention of third-party companies and websites on the Site is for informational purposes only and is not an endorsement or recommendation.
Ownership of the Site and Permitted Uses All Content on the Site is owned by us, our licensors, and/or other third-party content providers, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights to Content not expressly granted in these Terms are expressly reserved.
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Site are either our property or the property of our licensors, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior written permission. The use of our Marks on any other website, without our authorization, is prohibited.
You may use the Site only for personal, noncommercial use. You may not use any robot, spider, crawler, scraper or other automated system to gather, use, or reproduce any Content except to the extent used in connection with a legitimate and publicly available search engine; prepare derivative works based on Content; republish the Site, whether in whole or in part; or publicly perform or display any portion of the Site.
Links to Third Party Sites The Site may contain links to third-party websites, which are not under our control. We do not make any promises about those third-party websites and are not responsible or liable for any content, advertising, products or other materials on those third-party websites.
Limitation of Liability WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, LICENSORS, SUPPLIERS, CONTRACTORS, REPRESENTATIVES, OR EMPLOYEES (“TFM ENTITIES”) SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE THE SITE. THE TFM ENTITIES’ COLLECTIVE LIABILITY IS LIMITED TO THE LESSER OF (A) THE PURCHAS PRICE OF PRODUCTS SOLD BY THE FRESH MARKET AND RETURNED BY YOU, OR (B) FIFTY DOLLARS ($50). THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
Disputes ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THESE TERMS, TO THE SITE OR TO YOUR USE OF THE SITE WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any and all claims or disputes that arise in connection with these Terms, the Site or your use of the Site. shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees.
Miscellaneous If we fail to enforce any portion of these Terms or delay in enforcing them, then that failure or delay shall not waive any of our rights under these Terms or your breach of these Terms. If any portion of these Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Terms. Headers used in these Terms are for convenience only and form no part of the agreement between you and us. These Terms describe the entirety of our agreement with you with respect to the Site and your use of it. These Terms are governed by the Federal Arbitration Act and North Carolina substantive law, without regard to its conflicts of law rules.
Contact Us If you have any questions or concerns about these Terms, please contact us via the Guest Services Contact Us Form at thefreshmarket.com/contact-us or write The Fresh Market at 300 N. Greene Street, Suite 1100, Greensboro, North Carolina 27401.