Terms & Conditions
Last Updated August 22nd, 2022
Fresh Salon and Day Spa, Inc. is the operator of the www.freshsalonanddayspa.com and www.theshopatfresh.com websites (the “Sites”). By using these Sites, you are entering into a legal agreement to abide by the terms and conditions contained within this document (the “Terms”), and you are agreeing that you have read and fully understand these Terms. These Terms are a binding legal agreement between you, and Fresh Salon and Day Spa, Inc., and its affiliated brands, companies, licensors, and/or partners (hereinafter “Fresh Salon & Day Spa”, “we”, “our”, “us”). These Terms apply to your use or purchase of any goods, facilities, or services offered through the Sites, regardless of how they are accessed, inclusive of communications between you and Fresh Salon & Day Spa, Inc. regarding those goods, facilities, or services (such as communications via e-mail, telephone, text message, or website chat) (collectively “Services”).
By visiting our Sites and engaging in our Service, you also agree to be bound by additional terms and conditions and policies referenced elsewhere on our Sites and/or available by hyperlink which are made part of these Terms by reference.
These Terms apply to all users of the sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any of the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Sites shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
Our www.freshsalonanddayspa.com Site is hosted on Squarespace, Inc.
Our www.theshopatfresh.com Site is hosted on Block, Inc. (Square). They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – PRIVACY POLICY
Your use of these Sites is governed by our Privacy Policy, which is made part of these Terms by reference.
SECTION 2 – COPYRIGHT
The entire content included in these Sites, including but not limited to text, images, graphics or code are the property of Fresh Salon and Day Spa, Inc. or its affiliated companies or licensors and are subject to copyright, trademark, service mark, and other intellectual property rights. The entire content of the Site is copyrighted as a collective work under the United States and other applicable copyright laws. The contents of these Sites may include works that are licensed to Fresh Salon and Day Spa, Inc. or its affiliated companies or licensors. Permission is granted to electronically copy and print hard copy portions of this sites for the sole purpose of placing an order or purchasing products from the Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Sites solely for your own non-commercial use, or to place an order or to purchase products from the Sites. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of these Sites is strictly prohibited, unless authorized by Fresh Salon and Day Spa, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the Sites.
SECTION 3 - ONLINE STORE TERMS
By agreeing to these Terms, 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 these Sites.
You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 4 - 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 Sites, Services, use of the Services, or access to the Services or any contact on the Sites through which the Services are 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 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on these Sites is not accurate, complete or current. The material on these sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Sites is at your own risk.
These Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.
SECTION 6 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products and services 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) without notice 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 Services.
SECTION 7 - PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on these sites is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 8 - 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 quantities purchased per person, per household or per order. 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/or shipping 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 through our Sites. 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.
For more detail, please review our Shipping & Returns Policy.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the sites 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).
We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Sites or Services may include materials from third-parties.
Third-party links on this sites 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 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites or Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the Sites is governed by our Privacy Policy. Please go to the Privacy Policy on our Site for further information.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in on the Sites, the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Sites, in the Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites, in the Services, or on any related website, should be taken to indicate that all information on the Sites, in the Services or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites, the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Sites and Services or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Sites or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Sites or Services will be accurate or reliable.
You agree that from time to time we may remove the Service(s) for indefinite periods of time or cancel the Service(s) at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Sites or Services is at your sole risk. The service and all products and services delivered to you through the Services 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 Fresh Salon and Day Spa, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, partners 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 Sites or Services or any products procured using the Sites or Services, or for any other claim related in any way to your use of the Sites or Services 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 Sites, service or any content (or product) posted, transmitted, or otherwise made available via the Services, 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 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fresh Salon and Day Spa, Inc. and our 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on these Sites or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – DISPUTE RESOLUTION
Governing Law. These Terms are governed by and interpreted under the laws of the State of New Hampshire, United States of America. If any portion of these Terms are deemed unlawful, void, or unenforceable, then that part shall be deemed severable and will not affect the validity or enforceability of any remaining provisions.
Arbitration. In the interest of resolving disputes between you and Fresh Salon and Day Spa, Inc. in the most expedient and cost effective manner, you and Fresh Salon and Day Spa, Inc. agree that any disagreement regarding the Services, these Terms, or our Privacy Policy (each a “Dispute”) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. The place of the arbitration shall be Grafton, New Hampshire, USA. Judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND FRESH SALON AND DAY SPA, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Fresh Salon and Day Spa, Inc. to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Fresh Salon and Day Spa, Inc. will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Fresh Salon and Day Spa, Inc.. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Fresh Salon and Day Spa, Inc. intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Fresh Salon and Day Spa, Inc. address for Notice is: 111 Saranac Street, Littleton NH 03561, Attn: Kristen Briggs. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Fresh Salon and Day Spa, Inc. will make good faith efforts to resolve the claim directly, but if you and Fresh Salon and Day Spa, Inc. do not reach an agreement to do so within 30 days after the Notice is received, you or Fresh Salon and Day Spa, Inc. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Fresh Salon and Day Spa, Inc. must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration in accordance with these Messaging Terms, Fresh Salon and Day Spa, Inc. will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Fresh Salon and Day Spa, Inc. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Fresh Salon and Day Spa, Inc. agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Fresh Salon and Day Spa, Inc. made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND Fresh Salon and Day Spa, Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fresh Salon and Day Spa, Inc. agree otherwise in a signed writing, 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.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Fresh Salon and Day Spa, Inc. makes any future change to this arbitration provision, other than a change to Fresh Salon and Day Spa, Inc. address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fresh Salon and Day Spa, Inc. address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fresh Salon and Day Spa, Inc..
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Jurisdiction and Venue. If for any reason a Dispute proceeds in court rather than in arbitration, the parties agree that jurisdiction over and venue in any such legal proceeding shall be in the state or federal courts located in Grafton County, New Hampshire. If for any reason a Dispute proceeds in court rather than in arbitration, you hereby waive any right to a jury trial.
SECTION 21 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Sites. It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.