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Terms of Use

Terms of Use

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS OF USE.

1. YOUR ACCEPTANCE OF THESE TERMS.

Your use of the web site ("Site") will indicate your acceptance of these terms. Do not use the Site if you do not agree to be bound by these terms. We reserve the right to change these terms and conditions from time to time at our sole discretion by posting such revised terms and conditions on the Site. If these terms are revised, we will post a notice on our home page and a note on the Terms of Use describing the change for 30 days. Your use of the Site after such notice has been posted constitutes acceptance of the new terms.

"We," "us" or "our" refers collectively to Fresh Enterprises, Inc. ("FEI") and our affiliates, Baja Fresh Westlake Village, Inc. ("BFWV") and Triune Corporation ("Triune"). These Terms of Use are a legally binding contract between you ("you" or "your") and us regarding your access to and use of our Site.

While we make reasonable efforts to provide accurate and timely information on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available about us, our franchise and career opportunities, policies or procedures.

2. COPYRIGHT AND TRADEMARK RESTRICTIONS.

All materials on the Site are protected as the copyrights, trademarks, service marks and/or other intellectual properties owned by us, or by other parties who have licensed their materials to us. All rights not expressly granted are reserved. You agree not to display or use any of these materials without our prior written permission. "Materials" on the Site include, without limitation, all text, photographs, graphics, audio, video, messages, files, documents, or images, whether publicly posted or privately transmitted, as well as all derivative works. These materials are owned by us or other parties who have licensed their material to us and these materials are protected by copyright, trademark and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than our own.

Trademarks, logos, images and service marks displayed on the Site are either the property of third parties or FEI, including, but not limited to, the following registered trademarks: A Taste So Fresh It's In Our Name®; Baja Ensalada®; Baja Fresh®; Baja Fresh Express®; Baja Fresh Food Cannot Be Made At Microwave Speed®; Baja Fresh Mexican Grill®; Burritos Dos Manos®; Burrito Ultimo®; Enchilado®; It's About Flavor, It's About Fresh, It's About Time!®; No Microwaves, No Can Openers, No Freezers, No Lard, No M.S.G.®.

Unless otherwise specified, the services offered on the Site are for personal and non-commercial use. The materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the materials, use of the materials on any web site or networked computer environment, or use of the materials for any purpose is a violation of the copyright, trademark, and other proprietary rights in the materials and is expressly prohibited.

3. PERSONAL USE.

Your use of the materials contained on the Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Site in any way. You agree to indemnify, defend and hold us harmless for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to us and, that in the event of an unauthorized use, we shall be entitled to an injunction in addition to any other remedy available at law or in equity.

4. ABILITY TO ACCEPT TERMS OF USE.

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. There are other sites that are geared to you, and we encourage you to find those sites with assistance from your parents.

5. SUBMISSIONS AND USE OF THE SITE.

You agree that you are and shall remain solely responsible for the content of any submissions that you may make, and that you will not submit material that is unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

By way of example, and not as a limitation, you agree not to use any services or functionality available on this site: to abuse, harass, threaten, impersonate or intimidate other users or Baja Fresh® personnel; to post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs or religious intolerance.

We reserve the right to decide whether content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, abusive or otherwise inappropriate. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user's account for submitting such material in violation of these Terms of Use. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

Further, you agree not to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any other site user; to create or submit unwanted email ("Spam") to any other users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit comments linking to multi-level marketing schemes with the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.

Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
or (iii) bypass any measures we may use to prevent or restrict access to the site; or to attempt to impersonate another user or person.

We may remove any content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.

While we appreciate your feedback, we do not want and cannot accept any ideas that you may consider proprietary; this includes, but is not limited to, ideas regarding recipes, product development, operations, etc. Therefore, any materials, ideas or other information submitted to the site are deemed provided to us with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use the materials throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the materials are labeled or otherwise marked as confidential or proprietary.

You remain solely liable for the content of any messages or other information you upload or transmit to the Site. You agree to indemnify and hold us harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Terms of Use or any policy, and actual or attempted violations by a third party on behalf of a user of the Site will be considered violations of these Terms of Use by such user.

6. DIGITAL MILLENNIUM COPYRIGHT ACT.

If you are a copyright owner or an agent thereof and believe that any material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • 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 at that site;
  • 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 you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is [Name, Address, email address, fax number] You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

7. THE SITE.

Some areas of the Site require registration for use. In those instances, we require that you register with us. You must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You further agree to maintain and promptly update any registration information in order to keep it true, accurate, current and complete.

8. ERRORS ON THE SITE.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

9. PRIVACY.

See our Privacy Policy on the Home page for your use of the Site. If you are placing an Online Order through the Site, then you are accepting the Terms of Use and Privacy Policy of the third party service through which we receive your online order, Snapfinger, Inc. If you are participating in Club Baja, it is administered through mUrgent Corporation, and you are accepting its Terms of Service and Privacy Policy. Alternatively, if you are ordering a Gift Card through the Site, then you are accepting the Privacy Policy of the third party service, GiftTracker, through which we manage Baja Fresh® gift cards.

For your convenience, we have provided hyperlinks to each of these respective privacy policies and terms of use where provided by the third party service.

10. SERVICES ADMINISTERED BY THIRD PARTIES.

Some services provided on our Site are administered by third party entities. Examples of these services include Club Baja, Gift Cards, and Online Ordering. These third party service providers have terms of service, legal notices and privacy practices that are very likely different from our Site. By using any of these features of our Site, you are accepting the third party provider’s respective privacy policies, legal agreements and disclosures.

11. LINKS.

Some links on the Site may redirect you to sites not under our control. If you click on one or more of those links, you will be directed to a third party website with terms of service, legal notices and privacy practices that may be different from our Site. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any third party site or its content. A link to a third party site on this Site does not constitute sponsorship, approval or responsibility for any third-party site. We are not responsible for the practices of those third party websites. You access linked sites at your own risk.

12. PASSWORD AND SECURITY.

On the Site, there are opportunities to enter a password, such as with Online Ordering. You are solely responsible for maintaining the confidentiality of your password. Furthermore, you understand and agree that the account is yours, individually, and that you are solely responsible for any and all activities that occur under your account, including but not limited to, ensuring that you completely exit from your session at the Site. Additionally, you agree to immediately notify us of any unauthorized use of your password, account or any other breach of security.

13. FRANCHISE OPPORTUNITIES.

The materials on the Site describe Triune's franchise offering. They do not constitute an offering for sale of a franchise. Such offering is only commenced by our delivery of a prospectus to you in compliance with applicable law, including, without limitation, the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchised opportunities.

14. CAREER OPPORTUNITIES.

The positions listed on the Site may include opportunities with locations owned and operated by BFWV (Company Stores) as well as locations owned and operated by Triune's franchisees (Franchise Stores). The positions in Company Stores may be subject to different terms and conditions, including, but not limited to benefits and employment policies, than those positions in Franchise Stores. We accept no responsibility or liability with respect to the terms and conditions of employment with a Franchise Store. Specific information about the terms and conditions of employment associated with a particular position will be set forth on the date of hire. Postings on the Site do not represent an offer of employment. Any offer of employment must be made in person by an authorized representative of BFWV or of a Triune's franchisee in accordance with BFWV's or Triune's franchisee's hiring policies and procedures.

15. DISCLAIMER OF WARRANTIES.

A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. .WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

B. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS, IF ANY, THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

D. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

E. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

F. WE MAKE NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

G. WE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION IN ACCESS TO THE SITE. WE DO NOT MAKE ANY ASSURANCES THAT WE WILL CONTINUE TO HAVE THE SITE, MAINTAIN IT, OR THAT ACCESS TO IT WILL BE CONTINUANCE AND UNINTERRUPTED.

16. LIMITATION OF LIABILITY.

We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the site or for the cost of procurement of substitute products and services or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or we have been advised of the possibility of such damages.

17. INDEMNIFICATION.

You agree to indemnify, hold harmless and release us, and each of our respective subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Site and/or any content contained therein and/or any transaction you enter into with a third party based on information or contacts obtained from the Site.

18. CHANGES TO THE SITE.

We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. All areas of the Site are currently accessible to users without charge, however, we reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by us at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

19. FAILURE TO ABIDE BY THESE TERMS.

We may in our sole discretion terminate or suspend your account and any current activities at the Site immediately without notice to you if you breach these Terms of Use or if we are unable to verify or authenticate any information that you provide to us. We reserve the right, in our sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that we shall not be liable to you or any third party for any termination of your access to any material and/or the Site.

20. GOVERNING LAW; CONSENT TO JURISDICTION.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. The Site and any others that we may establish shall be deemed passive web sites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. The prevailing party as determined by the trier of fact in any action, proceeding, litigation, or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorneys’ fees and costs. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Orange County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use.

21. SEVERABILITY.

The Terms of Use together with the Privacy Policy shall constitute the entire agreement between us concerning the Site. If any provision of the Terms of Use or Privacy Policy is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the operative agreement, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

22. LEGAL EQUIVALENCY.

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

23. DISCLAIMER.

EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THE SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITHOUT LIMITATION. WE MAKE NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE FAILURES. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF WE ARE NEGLIGENT OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

WE DO NOT GUARANTEE THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE OR ITS SERVER WILL BE FREE OF VIRUSES OTHER HARMFUL COMPONENTS, OR DEFECTS WILL BE CORRECTED EVEN IF WE ARE AWARE OF THEM. THE SITE MAY CONTAIN OTHER PROPRIETARY NOTICES AND COPYRIGHT INFORMATION, THE TERMS OF WHICH MUST BE OBSERVED AND FOLLOWED. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ANY USE OF INFORMATION ON THE SITE IS AT YOUR OWN RISK.

24. ENTIRE AGREEMENT.

You acknowledge that you have read these Terms of Use, understand them, and agree to be bound by these terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and us which supersedes any proposed or prior agreement, oral or written, and any other communications between you and us relating to your use of the Site.

If you have any questions or comments about our Terms of Use, you may contact us.

MOBILE TERMS & CONDITIONS

  1. You must be 13 years of age or older to participate in the Baja Fresh mobile text program.
  2. By providing your mobile number and checking the box to sign up for mobile offers and text updates, you consent to receive future automated marketing text messages from or on behalf of Baja Fresh. You also acknowledge that your agreement to receive these messages isn’t required as a condition of purchase.
  3. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Baja Fresh does not charge you for sending or receiving text messages to 99000.
  4. No more than four text messages sent per month. You can unsubscribe at any time by texting "STOP" to 99000 and you will receive a confirmation text, or further instructions if enrolled in more than one of Baja Fresh’s SMS lists. Baja Fresh reserves the right to remove subscribers from our messaging database at our discretion. For more information, reply "HELP" to 99000 or e-mail us at customercare@bajafresh.com.
  5. Baja Fresh will not be liable for any delays in the receipt of any SMS messages or undelivered messages. T-Mobile policies require that we specify that T-Mobile, also, will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
  6. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.