Terms of Use & Service
We are a family-owned and -operated business and like to work with our customers in a friendly and positive way. Our intention is your satisfaction, and we will work hard to ensure it. Please let us know how we can help. This “fine print” is here to satisfy our legal obligations as well as the legal requirements at companies with whom we partner to provide services such as credit card processing and web servers.
By visiting our site and/or purchasing something from us, you (“You”, “User”, “Purchaser”, “Buyer”, “Business Entity”, “Business Representative” including without any limitation additional terms) engage in our “Service” and agree to be bound in this “Agreement” by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”, “Terms and Conditions of Sale”), 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 and/or store 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.
ONLINE STORE AND WEBSITE USAGE TERMS
In order to use the Service or any part of it, you must accept the Terms of Use and Service, Privacy Policy and these Terms and Conditions of Sale in full.
By agreeing to these Terms of Use and 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).
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.
MINORS
This website is intended for use by visitors ages 18 and older.
REGISTRATION
Users registering for an account, mailing list or providing contact information for an inquiry, request, service or order must register and provide information in a truthful and complete manner by providing all the required data in the relevant registration form. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft, or unauthorized use by third parties, for whatever reason, of the User’s access credential.
SMS/MOBILE MESSAGING TERMS & CONDITIONS
Our Mobile Messaging Service (also referred to as Text Messaging, SMS Messaging or MMS Messaging) is provided by Mailchimp and is subject to the following terms and conditions.
By providing us with your telephone phone number, you expressly consent to receive non-marketing and marketing text messages from Left Coast Fresh and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive marketing text messages is not required to purchase any goods or services.
You also accept and agree to be bound by these SMS/Mobile Terms and Conditions, the Website Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of Left Coast Fresh’s services.
SMS/Mobile Messaging Program Description
Left Coast Fresh, its independently owned and operated franchisees, and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Left Coast Fresh text messages to you. Left Coast Fresh text messages are intended to provide you with information about upcoming appointments and Left Coast Fresh’s goods and services.
Message Frequency
The number of Left Coast Fresh’s text messages that you receive will vary. The frequency of non-marketing messages will vary as such messages will be directly related to a scheduled or recently completed appointment.
Cost
Message and data rates may apply to each text message sent or received in connection with Left Coast Fresh’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Left Coast Fresh does not impose a separate fee for sending Left Coast Fresh text messages.
How to Opt-Out
To stop receiving text messages from a specific Left Coast Fresh text messaging program, text STOP to the ten digit number for the text messaging program from which you no longer wish to receive message (i.e., the ten-digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Left Coast Fresh immediately if you change your mobile telephone number. You agree to indemnify Left Coast Fresh in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Left Coast Fresh if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Left Coast Fresh’s control, and Left Coast Fresh is not responsible or liable for issues arising from them.
Support/Help
To request more information, text HELP to the ten-digit short code for the text messaging program about which you have questions (i.e., the ten-digit number from which its text messages are being sent). You may also receive help by contacting us at [email protected] or submitting a contact form.
Eligibility
To receive Left Coast Fresh text messages, you must be a resident of the United States and 18 years of age or older. Left Coast Fresh reserves the right to require you to prove that you are at least 18 years of age.
Changes to SMS/Mobile Messaging Terms and Conditions
Left Coast Fresh may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to www.leftcoastfresh.com. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Left Coast Fresh text messages will indicate your acceptance of those changes.
Termination of SMS/Mobile Messaging
Left Coast Fresh may suspend or terminate your receipt of Left Coast Fresh text messages if Left Coast Fresh believes you are in breach of these SMS Terms and Conditions. Your receipt of Left Coast Fresh text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Left Coast Fresh reserves the right to modify or discontinue, temporarily or permanently, all or any part of Left Coast Fresh text messages, with or without notice.
DELETING USER ACCOUNTS AND ACCOUNT TERMINATION
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of our website or by directly contacting us [email protected]. In case of breach of the Terms by the User, we reserve the right to suspend or terminate your account at any time and without notice.
We reserve the right to suspend or terminate your account at any time and without notice if we believe that:
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.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site 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 this site is at your own risk.
This site 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 this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
NUTRITION DISCLAIMER
The information on this website is not intended to be nutritional or medical advice.
The information on this website is intended for educational and informational purposes only. You should not rely upon any information found on this website to determine dietary changes, a medical diagnosis, or course of treatment. Any statements or claims about the possible health benefits obtained from any foods or supplements mentioned on this website have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Each individual’s dietary needs and restrictions are unique to the individual. You are ultimately responsible for all decisions pertaining to your health. Please consult your personal physician or nutritionist with any questions you may have regarding your own health and diet.
The writer(s) and publisher(s) of this website are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or procedures undertaken hereafter. The website owner does not assume any risk for your use of this website. Users of this website should be aware that the materials and content contained on this website are only updated periodically; such materials or content may not contain the most recent information available. The website owner reserves the right to update or change information contained on this website at any time.
The website owner is not responsible for information appearing in hyperlinks. In consideration for your use of and access to this website, you agree that in no event will the website owner or any other party involved in creating, producing, or delivering this website or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website. The reader assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program.
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) 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 Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return only according to our Return and Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. 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 any time 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 this site 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 Service will be corrected.
TERMS AND CONDITIONS OF SALE
When you make a purchase of a product, service, club membership, subscription or other item(s) from us you agree to and are bound by our Terms and Conditions of Sale as set forth in these Terms and in our Shipping, Payments, and Billing Policy and our Return and Refund Policy.
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 at our store. 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 details, please contact us.
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 the optional tools offered through the site 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 website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
CONTENT
The content available on our website is protected by the laws in force on intellectual property rights and by related international treaties.
You may not copy and/or download and/or share, modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content, even of third parties, available on our website, nor allow any third party to do so through your or your device, even without your knowledge.
THIRD-PARTY TRADEMARKS
All third-party trademarks, logos, or icons referenced remain the property of their respective owners. Unless specifically identified as such, use of third party trademarks does not indicate an endorsed relationship, sponsorship, or partnership between us and the owners of these trademarks.
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.
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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 Service 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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which is posted here: Privacy Policy.
ACCESSIBILITY FOR PEOPLE WITH DISABILITIES
Your use of our website acknowledges our Accessibility Statement and level of Accessibility Compliance. Should you encounter any accessibility barriers on our website you agree to contact us as outlined in our Accessibility Statement, which is posted here: Accessibility Statement.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 the Service 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 Service 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to reverse engineer, decompile, disassemble, modify, or create derivative works based on our website or any portion of it; (m) circumvent any technology used by our website or its licensors to protect content accessible via it; (n) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the content provided through our website (o) rent, lease, or sublicense our website or its content; (p) misappropriate any account in use by another User; or (q) use our website in any other improper manner that violates the Terms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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 Left Coast Fresh, 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.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Left Coast Fresh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, 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.
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.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).
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 governs 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.
FILING CLAIMS UNDER DMCA
We respect creators, the intellectual property rights of others, and copyright law and do not knowingly misuse any copyrighted content.
Under the Digital Millennium Copyright Act (DMCA), you can request that we remove material that you believe infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law.
In particular, your “takedown notice” must include:
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
LIMITATION ON TIME
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
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 the United States.
ARBITRATION REQUIRED
You and we agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. Any arbitration under these general terms will only be on an individual basis; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and you waive any right to participate in a class action against Left Coast Fresh.
Before an arbitration is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”).
If we are not able to resolve any dispute or claim that arises out of or that relates to this Agreement, to the use of our website, its contents or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement by informal negotiation, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum.
In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of the Services.
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.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
Left Coast Fresh LLC
[email protected]
Dayton, Oregon
We attempt to respond to your inquiries and requests in a timely manner. If you contact us by email and have not received a reply within 5 business days, your email may not have been received due to spam filters or other electronic issues. Please contact us by U.S. mail.
Last updated: July 15, 2024
By visiting our site and/or purchasing something from us, you (“You”, “User”, “Purchaser”, “Buyer”, “Business Entity”, “Business Representative” including without any limitation additional terms) engage in our “Service” and agree to be bound in this “Agreement” by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”, “Terms and Conditions of Sale”), 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 and/or store 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.
ONLINE STORE AND WEBSITE USAGE TERMS
In order to use the Service or any part of it, you must accept the Terms of Use and Service, Privacy Policy and these Terms and Conditions of Sale in full.
By agreeing to these Terms of Use and 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).
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.
MINORS
This website is intended for use by visitors ages 18 and older.
REGISTRATION
Users registering for an account, mailing list or providing contact information for an inquiry, request, service or order must register and provide information in a truthful and complete manner by providing all the required data in the relevant registration form. Users are responsible for keeping their login credentials confidential.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft, or unauthorized use by third parties, for whatever reason, of the User’s access credential.
SMS/MOBILE MESSAGING TERMS & CONDITIONS
Our Mobile Messaging Service (also referred to as Text Messaging, SMS Messaging or MMS Messaging) is provided by Mailchimp and is subject to the following terms and conditions.
By providing us with your telephone phone number, you expressly consent to receive non-marketing and marketing text messages from Left Coast Fresh and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive marketing text messages is not required to purchase any goods or services.
You also accept and agree to be bound by these SMS/Mobile Terms and Conditions, the Website Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of Left Coast Fresh’s services.
SMS/Mobile Messaging Program Description
Left Coast Fresh, its independently owned and operated franchisees, and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Left Coast Fresh text messages to you. Left Coast Fresh text messages are intended to provide you with information about upcoming appointments and Left Coast Fresh’s goods and services.
Message Frequency
The number of Left Coast Fresh’s text messages that you receive will vary. The frequency of non-marketing messages will vary as such messages will be directly related to a scheduled or recently completed appointment.
Cost
Message and data rates may apply to each text message sent or received in connection with Left Coast Fresh’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Left Coast Fresh does not impose a separate fee for sending Left Coast Fresh text messages.
How to Opt-Out
To stop receiving text messages from a specific Left Coast Fresh text messaging program, text STOP to the ten digit number for the text messaging program from which you no longer wish to receive message (i.e., the ten-digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Left Coast Fresh immediately if you change your mobile telephone number. You agree to indemnify Left Coast Fresh in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Left Coast Fresh if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Left Coast Fresh’s control, and Left Coast Fresh is not responsible or liable for issues arising from them.
Support/Help
To request more information, text HELP to the ten-digit short code for the text messaging program about which you have questions (i.e., the ten-digit number from which its text messages are being sent). You may also receive help by contacting us at [email protected] or submitting a contact form.
Eligibility
To receive Left Coast Fresh text messages, you must be a resident of the United States and 18 years of age or older. Left Coast Fresh reserves the right to require you to prove that you are at least 18 years of age.
Changes to SMS/Mobile Messaging Terms and Conditions
Left Coast Fresh may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to www.leftcoastfresh.com. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Left Coast Fresh text messages will indicate your acceptance of those changes.
Termination of SMS/Mobile Messaging
Left Coast Fresh may suspend or terminate your receipt of Left Coast Fresh text messages if Left Coast Fresh believes you are in breach of these SMS Terms and Conditions. Your receipt of Left Coast Fresh text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Left Coast Fresh reserves the right to modify or discontinue, temporarily or permanently, all or any part of Left Coast Fresh text messages, with or without notice.
DELETING USER ACCOUNTS AND ACCOUNT TERMINATION
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of our website or by directly contacting us [email protected]. In case of breach of the Terms by the User, we reserve the right to suspend or terminate your account at any time and without notice.
We reserve the right to suspend or terminate your account at any time and without notice if we believe that:
- You have violated this Agreement; and/or
- Your access or use of the Service may result in injury to us, other Users or third parties; and/or
- Your use of website may result in violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account is deemed to be, at our sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
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.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site 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 this site is at your own risk.
This site 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 this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
NUTRITION DISCLAIMER
The information on this website is not intended to be nutritional or medical advice.
The information on this website is intended for educational and informational purposes only. You should not rely upon any information found on this website to determine dietary changes, a medical diagnosis, or course of treatment. Any statements or claims about the possible health benefits obtained from any foods or supplements mentioned on this website have not been evaluated by the Food & Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Each individual’s dietary needs and restrictions are unique to the individual. You are ultimately responsible for all decisions pertaining to your health. Please consult your personal physician or nutritionist with any questions you may have regarding your own health and diet.
The writer(s) and publisher(s) of this website are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or procedures undertaken hereafter. The website owner does not assume any risk for your use of this website. Users of this website should be aware that the materials and content contained on this website are only updated periodically; such materials or content may not contain the most recent information available. The website owner reserves the right to update or change information contained on this website at any time.
The website owner is not responsible for information appearing in hyperlinks. In consideration for your use of and access to this website, you agree that in no event will the website owner or any other party involved in creating, producing, or delivering this website or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website. The reader assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program.
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) 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 Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return only according to our Return and Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. 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 any time 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 this site 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 Service will be corrected.
TERMS AND CONDITIONS OF SALE
When you make a purchase of a product, service, club membership, subscription or other item(s) from us you agree to and are bound by our Terms and Conditions of Sale as set forth in these Terms and in our Shipping, Payments, and Billing Policy and our Return and Refund Policy.
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 at our store. 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 details, please contact us.
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 the optional tools offered through the site 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 website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
CONTENT
The content available on our website is protected by the laws in force on intellectual property rights and by related international treaties.
You may not copy and/or download and/or share, modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content, even of third parties, available on our website, nor allow any third party to do so through your or your device, even without your knowledge.
THIRD-PARTY TRADEMARKS
All third-party trademarks, logos, or icons referenced remain the property of their respective owners. Unless specifically identified as such, use of third party trademarks does not indicate an endorsed relationship, sponsorship, or partnership between us and the owners of these trademarks.
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.
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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 Service 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.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which is posted here: Privacy Policy.
ACCESSIBILITY FOR PEOPLE WITH DISABILITIES
Your use of our website acknowledges our Accessibility Statement and level of Accessibility Compliance. Should you encounter any accessibility barriers on our website you agree to contact us as outlined in our Accessibility Statement, which is posted here: Accessibility Statement.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 the Service 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 Service 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to reverse engineer, decompile, disassemble, modify, or create derivative works based on our website or any portion of it; (m) circumvent any technology used by our website or its licensors to protect content accessible via it; (n) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the content provided through our website (o) rent, lease, or sublicense our website or its content; (p) misappropriate any account in use by another User; or (q) use our website in any other improper manner that violates the Terms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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 Left Coast Fresh, 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.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Left Coast Fresh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, 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.
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.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).
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 governs 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.
FILING CLAIMS UNDER DMCA
We respect creators, the intellectual property rights of others, and copyright law and do not knowingly misuse any copyrighted content.
Under the Digital Millennium Copyright Act (DMCA), you can request that we remove material that you believe infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law.
In particular, your “takedown notice” must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
LIMITATION ON TIME
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
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 the United States.
ARBITRATION REQUIRED
You and we agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. Any arbitration under these general terms will only be on an individual basis; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and you waive any right to participate in a class action against Left Coast Fresh.
Before an arbitration is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”).
If we are not able to resolve any dispute or claim that arises out of or that relates to this Agreement, to the use of our website, its contents or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement by informal negotiation, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum.
In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of the Services.
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.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
Left Coast Fresh LLC
[email protected]
Dayton, Oregon
We attempt to respond to your inquiries and requests in a timely manner. If you contact us by email and have not received a reply within 5 business days, your email may not have been received due to spam filters or other electronic issues. Please contact us by U.S. mail.
Last updated: July 15, 2024