EFFECTIVE DATE: August 23, 2021
NOTE: THESE PROGRAM TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND A BINDING ARBITRATION CLAUSE.
In these Program Terms, the words “you” and “your” refer to members in the Program, and the words “we,” “our” and “us” refer to The Fresh Market, Inc. and its affiliated companies.
Eligibility The Program is open to individuals who have reached the age of majority where they reside. Although we do not generally verify the age of Program members, we reserve the right to cancel a membership if we discover that the member is not a legal adult. The Program is intended only for personal use, and not for commercial use.
The Program may not be available at all of our store locations. Importantly, during the initial rollout of the Program, the Program will only be available to customers of a few select store locations.
Enrolling in the Program To become a Member of the Program, you must enroll through the Program website at www.thefreshmarket.com/loyalty. We may, in our discretion, provide you with a way to receive the enrollment link via text message or email. By enrolling in the Program, you certify that you meet the eligibility requirements and that the information you provide at the time of enrollment is accurate. There is no cost or fee to enroll in or participate in the Program.
To enroll in the Program, you will need to provide us with your name, a 10-digit telephone number or other number you select (which will be used as your Program account number), and email address. You will also be required to select a password for use with the Program according to the password requirements shown on the Program website. In addition, you will be required to select a “home store.” This information is required in order for you to receive the benefits of the Program and to interact with the Program website. At enrollment, you may optionally provide us with additional information such as dietary or nutritional preferences, your birth month/day and your home address.
Communication Preferences When you enroll, you will also have the opportunity to select your communication preferences. These preferences allow you to determine how frequently we will communicate with you via email and the subject matter of those emails. By enrolling and participating in the Program, you agree to receive communications from us according to your communication preferences. You are responsible for keeping your Member Profile up to date.
You may update your communication preferences and information at any time at the Program website.
Email Communications: Unless and until you opt out of email communications in your Member Profile, we may email you about the Program and Program promotions and offers. You may choose to stop receiving such communications by following the instructions in such communications.
You may opt out of the SMS Program at any time, and consent to receive promotional text messages is not required to purchase any goods or services or to participate in the Program. You can expect to receive up to ten (10) promotional text messages per month, plus additional non-promotional texts messages. Message and data rates may apply to each text message sent or received, in addition to any applicable roaming charges. Please check with your carrier for details.
To unsubscribe from the SMS Program, text “STOP” to 31757 or reply “STOP” to any SMS Program text message. For help, text “HELP” to 31757 or reply “HELP” to any SMS Program text message. You can also unsubscribe by filling out the Contact Us Form at thefreshmarket.com/contact-us or by calling us at 866-817-4367. You agree that, following any such request to unsubscribe, you may receive one (1) last text message simply to confirm that your request to unsubscribe has been processed. Following that confirmation message, no additional promotional text messages will be sent unless you opt back into the SMS Program.
Removal from the Program You may cancel your membership in the Program at any time by visiting the Program website and selecting the appropriate menu choices. We may cancel your membership if we discover that any of the information you provided at enrollment or in your Member Profile is inaccurate, if you breach these Program Terms, or for any other reason in our sole discretion. If your membership is terminated for any reason, then any existing Program benefits and rewards will be forfeited and you will no longer be eligible for future benefits or rewards through the Program.
Program Modification and Termination We may, in our discretion, cancel Promotions (defined below) available through the Program and terminate the Program at any time without notice to you. In addition, we may modify these Program Terms from time to time in our sole discretion without notice to you. When we do modify these Program Terms, we will update the “Effective Date” shown above to reflect the date of the modification. The link to these Program Terms on the Program Website will also indicate the last date of modification. By visiting the Program website or participating in the Program after these Program Terms have been updated, you consent to the revised Program Terms. If you do not accept the Program Terms, you are not authorized to participate in the Program.
Promotions By enrolling in the Program, you gain access to various promotions that we may offer from time-to-time. These promotions may include digital coupons, “Buy One, Get One,” special offers, giveaways, and special pricing available only to Program members and other types of promotion. We may advertise or inform you about promotions through the Program website or through emails or other communications which we send to you. However, some promotions may provide instant discounts, free products or other instant benefits either at the point of sale or through the Program website, without any prior notice to you.
Other than promotions which provide an instant benefit, all promotions will have an expiration date, beyond which you may not receive any benefit from the promotion. Any benefits you might receive in connection with a promotion will expire with the promotion and may not be rolled forward to a future promotion. Unless otherwise noted in their applicable terms, promotions may not be combined with other promotions or offers.
Some promotions will require you to “clip” a benefit through the Program website or linked email in order to activate that benefit and link it to your Member Profile. Once clipped, you must use the benefit by its expiration date. Any benefits which are clipped, but not used, in that time, will be forfeited. Unless otherwise described in a promotion’s description on the Program website, a benefit, once clipped, may be used only one time.
Promotions may not be available to every member in the Program, and we may determine which members are eligible for any promotion in our sole discretion. In particular, we may limit promotions to specific stores or geographic regions and may choose which members are eligible for Promotions by referencing their purchase history. In addition, some promotions will only be available to you at the “home store” listed in your Member Profile.
We may terminate a promotion early for any reason.
Identifying Yourself at Our Stores In order to provide you with the benefits of Program promotions, we must identify your membership at the time you checkout in our stores. To do this, we require you to provide your Program account number at checkout. The Program account number you provide must match the Program account number stored in your Member Profile.
If you have clipped a Program benefit and that benefit applies to your transaction, then we will apply that benefit to your transaction. You should be aware that most benefits will disappear once applied to a transaction so you should not clip a benefit until you are ready to use it.
Because some promotions are based on your shopping history, you should provide your telephone number even if you do not have any clipped Program benefits or available promotions.
If you forget to provide your telephone number at checkout please contact us through our Guest Services Contact Us Form at thefreshmarket.com/contact-us or by calling us at 866-817-4367 .
Use Through Our E-Commerce Platform The Program is intended mainly for use in our physical stores. However, some promotions may be available, from time to time, through our e-commerce platform located at shop.thefreshmarket.com.
No Transfers Your Program membership, and the benefits and promotions available to you through the Program are personal to you and may not be transferred to anybody else.
No Warranties, Limitation of Liability WE DO NOT MAKE ANY WARRANTY REGARDING THE PROGRAM OR ANY PROMOTIONS OR BENEFITS MADE TO PROGRAM MEMBERS, ALL OF WHICH ARE PROVIDED “AS-IS” AND “WHERE-IS.” WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT RELATED TO THE PROGRAM. PARTICIPATION IN THE PROGRAM DOES NOT GIVE YOU ANY PROPERTY RIGHT OR OTHER OWNERSHIP INTEREST. PROMOTIONS AND OTHER PROGRAM BENEFITS HAVE NO CASH VALUE WHATSOVER.
BY ENROLLING AND PARTICIPATING IN THE PROGRAM YOU RELEASE US AND OUR OFFICERS, EMPLOYEES, AGENTS, AND CONSULTANTS, FROM ANY AND ALL LIABILITY FOR ANY INJURY, DEATH, LOSS, TAX LIABILITY OR DAMAGE ARISING FROM YOUR ENROLLMENT OR PARTICIPATION IN THE PROGRAM, OR RESULTING FROM ACCEPTANCE, OR ENJOYMENT OF PROGRAM BENEFIT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND VENDORS, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MEMBER’S PARTICIPATION IN THE PROGRAM OR OUR ADMINISTRATION OF THE PROGRAM, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES EVEN IF ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF SUCH DAMAGES. FUTHERMORE, NEITHER WE, OUR AFFILIATES AND VENDORS, AND/OR OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL HAVE ANY LIABILITY IN CONNECTION WITH (I) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF YOUR MEMBERSHIP OR YOUR PROGRAM BENEFITS, (II) THE TERMINATION OF YOUR MEMBERSHIP OR (III) THE TERMINATION OF THE PROGRAM.
THE LAWS OF SOME STATES MAY NOT ALLOW US TO EXCLUDE OR LIMIT CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, THEN PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Disputes and Arbitration ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THE PROGRAM WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION.
Any and all claims or disputes that arise in connection with the Program shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as modified by these Program Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees.
No Class or Representative Actions You and we may bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class action or representative action or any related proceeding. The arbitrator may not join more than one individual’s claims and may not preside over any form of a consolidated, class or representative proceeding. The arbitrator may award relief only in favor of the party seeking relief and only to the extent necessary to give to relief to that party’s individual claims. Any relief ordered to one Program member will not affect any other Program member.
Miscellaneous We are not responsible for any taxes or fees imposed on you as a result of your participation in the Program or your receipt of benefits in connection with the Program. If we fail to enforce any portion of these Program Terms or delay in enforcing them, then that failure or delay shall not waive any of our rights under these Program Terms or your breach of these Program Terms. If any portion of these Program Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Program Terms. Headers used in these Program Terms are for convenience only and form no part of the agreement between you and us. These Program Terms describe the entirety of our agreement with you with respect to the Program. These Program Terms are governed by the Federal Arbitration Act and North Carolina substantive law, without regard to its conflicts of law rules.