TERMS OF SERVICE
This website is operated by The Fresh Fix of Heights. Throughout the site, the terms “we”, “us”, “our” and “The Fresh Fix of Heights” refer to The Fresh Fix of Heights. The Fresh Fix of Heights offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” or “Website” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – YOUR CHEFWAYNES-BIGMAMOUN WEBSITE AND ACCOUNT
By signing up and creating a website on The Fresh Fix of Heights, you are held responsible for maintaining the security of your account, website and information as well responsible for any activities that occur within your account in connection with your website. You may not commit fraud by stating that you or your business are/is something it’s not. The Fresh Fix of Heights maintains the right to change and remove any information that it considers inappropriate or unlawful. It is your responsibility to notify The Fresh Fix of Heights about any unauthorized use of your account or website. The Fresh Fix of Heights is not liable for any acts or omissions by You, including any damages of any kind that have incurred as a result of these acts or omissions.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) with 30 days notice given at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – YOUR RESPONSIBILITY AND THOSE OF CONTRIBUTORS
By operating a Website, commenting, posting material, post links on the Website, or otherwise make (or allow a third party to commit these actions) material available by means of the Website (any such material, “Content”), You are completely responsible for the Material and any harm that may result from it. By making any Content (text, graphic, audio, visual, software) available, you represent and warrant that:
- using, downloading or copying this Content does not infringe the proprietary rights including, but not limited to the copyright, patent, trademark or trade secret rights of any third party;
- if your employers obtains the rights to intellectual property that you create, you must either have received permission from your employer to post or make this Content available;
- you have have fully complied with any and all third-party licenses related to the Content, and have done all things required to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or any other harmful or destructive content;
- the Content is not spam, is not machine-generated, and doesn’t contain unethical or unwanted commercial content that is designed to drive traffic to third party websites or increase search engine rankings of third party websites, or to further unlawful acts (ie. phishing) or mislead recipients as to the source of the Content (ie. spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Fresh Fix of Heights or otherwise.
By submitting Content to The Fresh Fix of Heights for inclusion on your Website, you grant The Fresh Fix of Heights a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, The Fresh Fix of Heights will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Fresh Fix of Heights has the right (though not the obligation) to, in The Fresh Fix of Heights’s sole discretion (i) refuse or remove any content that, in The Fresh Fix of Heights’s reasonable opinion, violates any The Fresh Fix of Heights policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Fresh Fix of Heights’s sole discretion. The Fresh Fix of Heights will have no obligation to provide a refund of any amounts previously paid.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders purchased per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – PAYMENT AND RENEWAL
- General Terms. Paid services are available on the Website. By selecting a paid service you agree to pay The Fresh Fix of Heights the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
- Automatic Renewal. Unless you notify The Fresh Fix of Heights before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the account section on the Website.
- Adding and Removing Websites on One Account. At additional cost, customers can add multiple websites associated under their single membership with The Fresh Fix of Heights. The cost of membership is charged on a per website basis. Customers will be charged once per month for ALL websites that have been added to their account. When a website is added or removed from a customer’s account, the service charge is pro-rated accordingly and reflected on the next charge.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – RESPONSIBILITY OF WEBSITE VISITORS
The Fresh Fix of Heights has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Fresh Fix of Heights does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Fresh Fix of Heights disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
SECTION 10 – COPYRIGHT INFRINGEMENT AND DMCA POLICY
The Fresh Fix of Heights asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Chefwaynes-bigmamou.com violates your copyright, you are encouraged to notify The Fresh Fix of Heights in accordance with Digital Millennium Copyright Act. The Fresh Fix of Heights will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Fresh Fix of Heights will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Fresh Fix of Heights or others. In the case of such termination, The Fresh Fix of Heights will have no obligation to provide a refund of any amounts previously paid to The Fresh Fix of Heights.
SECTION 11 – INTELLECTUAL PROPERTY
This Agreement does not transfer from The Fresh Fix of Heights to you any The Fresh Fix of Heights or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Fresh Fix of Heights. The Fresh Fix of Heights, Chefwaynes-bigmamou.com, the The Fresh Fix of Heights.com logo, and all other trademarks, service marks, graphics and logos used in connection with Chefwaynes-bigmamou.com, or the Website are owned by The Fresh Fix of Heights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Fresh Fix of Heights or third-party trademarks.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Fresh Fix of Heights, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – DOMAIN NAMES
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
SECTION 14 – ADVERTISEMENTS
The Fresh Fix of Heights reserves the right to display a link to Chefwaynes-bigmamou.com at the bottom of your website. You may request a removal of this link if preferred.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Fresh Fix of Heights and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The Fresh Fix of Heights may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your chefwaynes-bigmamou.com account (if you have one), you may contact us to request cancellation of your account. Notwithstanding the foregoing, such account can only be terminated by The Fresh Fix of Heights if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Fresh Fix of Heights’s notice to you thereof; provided that, The Fresh Fix of Heights can terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SECTION 18 – ONLINE ORDERING
Online ordering is provided in partnership with GlobalFood Tech SRL. The Fresh Fix of Heights shall not be held responsible for any service downtime of the online ordering system that is out of our control.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GDPR & ADA COMPLIANCE
The Fresh Fix of Heights will not be held responsible for any penalties or fines that you, or your website, receive for not being GDPR or ADA compliant. It is up to you, and we suggest you consult a lawyer, to determine what changes need to be made to your website to ensure that you are compliant with local and worldwide regulations.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
Address: 2234 Lee Rd., Cleveland Heights, OH 44118
Telephone : (216) 600-5423