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Terms of Use

Tony’s Finer Foods Enterprises, LLC

Terms of Use

Last Revision: August 5, 2024

Thank you for visiting Tony’s Finer Foods Enterprises, LLC’s (“TFFE,” “we,” “us,” or “our”) website and mobile application.

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING OUR WEBSITE OR MOBILE APPLICATION YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITE, MOBILE APPLICATION, OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms and Conditions of Use (“Terms”) apply exclusively to your access to and use of the TFFE website, https://www.tonysfreshmarket.com/ (“Site”) and/or the TFFE mobile application (“App”) (together the “Sites”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with TFFE, or those of our subsidiaries or affiliates, for products, services or otherwise (including, for example, TFFE sweepstakes rules and terms and conditions as it applies to gift cards).

  1. USE OF THE SITES.

1.1 By accessing or using our Sites you agree to these Terms. If you do not agree to these Terms, you may not access or use the Sites. TFFE reserves the right to change or modify these Terms at any time and in our sole discretion, and such changes will be effective immediately upon being posted on the Sites. Each time you use the Sites, you should review the then-current Terms to ensure you understand the terms and conditions that apply to your use of the Sites. You will be informed of updated or revised Terms. If you do not agree to Terms, including amendments to the Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.

1.2 If you have any questions regarding the use of the Sites, please direct all questions or comments about the Sites or its contents to customer service by calling 630-735-6760 or by emailing customerhappiness@tonysfreshmarket.com.

2. OFFERINGS ON THE SITES.

We may change or terminate any of the services, programs, promotions, sweepstakes, contests and/or other sales, offers, deals, coupons, and/or specials (collectively, “Offerings”) described or offered through the Sites at any time without notice to you. Not all products are available at all of our facilities or at all times. Some or all of the Offerings or products may not be available in your location. References to any Offerings or products on the Sites that may be available in one location do not warrant or imply that TFFE offers or intends to offer them in any other location. In addition, from time to time we may work with a third party to provide an Offering; please note that some or all of the pertinent information about such Offering may also be found at such third party’s website and/or in our applicable physical stores, and we encourage you to review all such information before participating in any such Offerings. TFFE controls and operates the Sites from the United States and makes no representation that the Sites is appropriate or available for access and/or use in any other country.

3. PRIVACY POLICY.

3.1 TFFE respects consumer privacy and is committed to protecting it. TFFE collects data about users of our Sites. Please refer to our privacy policy, available at https://www.tonysfreshmarket.com/privacy-policy (“Privacy Policy”) for information on how TFFE collects, uses, shares, and safeguards information about users of the Sites and the business purposes for the collection of such information. Please read our Privacy Policy carefully to understand our policies and practices regarding your information. If you do not agree with our Privacy Policy, your choice is not to use our Sites. By accessing or using our Sites, you agree to our Privacy Policy.

3.2 You should also refer to any separate notices we provide that apply to sweepstakes, contests or other specifics services we provide, as such notices may include information on additional policy practices or other terms.

3.3 If you have any questions, comments, requests or concerns concerning privacy-related matters, you may contact us at:

Tony’s Finer Foods Enterprises, LLC
2501 East Guasti Rd.
Ontario, CA 91761

Privacy Inquiries: https://www.lighthouse-services.com/tonysfreshmarket

Toll-free Number: (855) 550-0007

4. ELIGIBILITY, REGISTRATION, AND ACCOUNTS.

4.1 The Sites is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use, or register for an account on the Sites.

You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.

4.2 In order to use some features of the Sites, you will need to register for an account and provide information about yourself, which may include collection of your full name, address, phone number, email address, date of birth, preferred store, demographic information, work history and qualification/training information and you must select a password.

You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify TFFE if you discover or otherwise suspect any security breaches related to the Sites. You are solely responsible for the use of your account credentials. We reserve the right to suspend or terminate your account at any time, with or without notice to you.

5. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE.

5.1 TFFE provides all information on the Sites (together with all content and the underlying source HTML files that implement the hypertext features) exclusively under these Terms and all applicable laws. Unless otherwise indicated, all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Sites belongs to TFFE, its affiliates, licensors, or suppliers. In addition, the names, images, pictures, logos, and icons identifying TFFE’ products and services are proprietary or licensed marks of TFFE, its affiliates, licensors, or suppliers. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright, trademark or other intellectual property rights.

5.2 You are hereby granted a personal non-exclusive, non-transferable, limited license to view the Sites, and to download and/or print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, non-commercial purposes; and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Sites, including but not limited to materials retrieved therefrom or the underlying code, may be reproduced, republished, reverse-engineered, copied, uploaded, downloaded, displayed, modified, licensed, transmitted, or distributed in any form or by any means or for any commercial purpose, without express written permission of TFFE. Nothing herein transfers any right or license to the underlying code of any of the Sites.

5.3 By submitting User Content (as defined below), you automatically grant TFFE a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as TFFE deems appropriate including, but not limited to, in connection with TFFE’ or its subsidiaries’ or affiliates’ businesses.

5.4 The Sites may be used only for lawful purposes by individuals using authorized services of TFFE. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of said posting on or through the Sites. TFFE specifically prohibits any use of the Sites, and requires all users to agree not to use the Sites for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Impersonating another person;
  • Constituting, engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Posting material that reveals trade secrets;
  • Posting material that infringes on any other intellectual property, privacy, or publicity right of another;
  • Transmitting or transferring (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of United States export control laws; or
  • Attempting to interfere in any way with the Sites’ or TFFE’s networks or network-security or attempting to use the Sites’ service to gain unauthorized access to any other computer system.

5.5 Mobile Application Users: With respect to TFFE’s App, when you download the App or you create an account on the App, by selecting “I agree to the Terms of Use” or by selecting “Continue as a Guest” you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any amendments to these Terms. TFFE makes the App available so that users may access various services via a mobile device including TFFE’s Loyalty Rewards Program (“TLRP”). To use the App you must have a mobile device that is compatible with the mobile service. TFFE does not warrant that the App will be compatible with your mobile device. TFFE hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that TFFE may from time to time issue upgraded versions of the App, and may require downloading or updating to the most up to date version of the App on your mobile device. The foregoing license grant is not a sale of the App or any copy thereof, and TFFE and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

5.6 The TLRP allows users to collect points for purchases made in TFFE. Points will be credited to a user’s account and can be later redeemed. Points are able to be collected and redeemed by an authorized user on their registered account only. Unusual activity on a user’s account may result in loss of points in addition to other actions listed below. Use of the TLRP is subject to the Tony’s Finer Foods Enterprises Rewards Program Terms and Conditions that can be found at https://www.tonysfreshmarket.com/tonys-fresh-market-rewards-program-terms-and-conditions-non-tm-version/.

5.7 Violations of system or network security may result in civil or criminal liability. TFFE will investigate occurrences and may involve, and cooperate with, pursuant to applicable law, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:

  • Gaining access to data not intended for such user or logging into a server or account which user is not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing,” or “crashing”; or
  • Sending unsolicited e-mail, including promotions and/or advertising of products or services, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

6. MODIFICATION, SUSPENSION, AND TERMINATION.

6.1 TFFE may modify, suspend or discontinue any part of the Sites or any Offerings at any time in our sole discretion without notice or liability.

6.2 TFFE reserves the right, without notice and in our sole discretion, to suspend or terminate your account or your use of the Sites or Offerings and to block or prevent your future access to and use of the Sites or Offerings. Upon any such termination, your limited license to use the Sites will be revoked and your right to use the Sites or Offerings shall immediately cease.

6.3 In the event of any termination, all provisions of these Terms, all representations and warranties and disclaimers of warranties, all limitations of liability, and all rights to indemnity shall survive such termination. You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Sites or Offerings.

7.  THIRD PARTY SITES.

TFFE may provide links to third-party websites for your convenience. TFFE may also provide Offerings through the Sites that display a window from a third-party website. TFFE does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third-party websites and all use is at your own risk. You should review the privacy policy and terms of use for each third-party website and confirm they are acceptable prior to registration on or use of the Sites. Links to third party Sites do not imply endorsement of the Sites by TFFE. In no event shall TFFE be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the linked third-party websites or the information or material accessed through such third-party websites including, without limitation, any incidental, special, or consequential damages of any kind whatsoever, attorneys’ fees and lost profits.

8. DISCLAIMERS.

8.1 THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TFFE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. TFFE DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. TFFE MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

8.2 TFFE disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from the Sites, including but not limited to technical inaccuracies and typographical errors, (b) any third-party websites or content therein directly or indirectly accessed through links in the Sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Sites or any portion thereof, (d) your use of the Sites, or (e) your use of any equipment or software in connection with the Sites.

9. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SITES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (VI) ANY OTHER MATTER RELATED TO THE SITES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY EVEN IF A COVERED PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. “Covered Party” means TFFE, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

10. PRODUCT & SERVICE AVAILABILITY.

The Sites may contain references or cross references to products and services that are not available in every location.

11. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless TFFE, and its affiliates and subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using any of the Sites or your breach of these Terms. This provision does not apply to acts of TFFE. You shall cooperate with TFFE any in the defense of any such claim. TFFE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.

12. ENTIRE AGREEMENT; SEVERABILITY.

These Terms constitute the entire agreement with respect to your access to and use of the Sites. You may also be subject to additional Terms and Conditions that may be applicable to certain parts of the Sites. If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding the foregoing, under no circumstances do the parties agree to arbitration on a class-wide basis. If a court refuses to enforce the waiver of class-wide arbitration, the entire arbitration provision shall be unenforceable, and any claims brought on behalf of a putative class will proceed in court.

13. COMMUNICATIONS.

13.1 Any communication or other information sent to TFFE via electronic mail or otherwise in connection with your use of the Sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by TFFE for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to TFFE.

13.2 You may agree to receive push notifications from TFFE and its business partners on your mobile device regarding the Sites. You can opt out of receiving push notifications on your mobile device by altering the setting on your mobile device. Your consent to receive push notifications is not required to use the Sites.

14.  ELECTRONIC COMMUNICATIONS OPT-IN.

When you visit the Sites or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites. If you contact us by email, telephone, facsimile or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you register or create an Account on the Sites, you consent to our use of the contact information provided in that process to contact you regarding your Account. TFFE reserves the right to send you emails relating to your Account or use of its services, such as administrative and service announcements or if we suspect fraud, and these messages may be unaffected if you choose to opt out from receiving marketing emails. You can opt out of receiving our sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

15. TFFE TRADEMARKS, SERVICE MARKS, AND TRADE DRESS.

TFFE and other related marks, design marks, product names, feature names, and related logos used on the Sites are trademarks of TFFE and may not be used, copied or imitated, in whole or in part, without the express prior written permission of TFFE. In addition, the look and feel of the Sites constitutes the trade dress and/or service mark/trademark of TFFE and may not be copied imitated or used, in whole or in part, without the express prior written permission of TFFE. TFFE’ trademarks, service marks, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among consumers, or in any manner that disparages TFFE or suggests a sponsorship, affiliation, or endorsement by TFFE.  All non-TFFE trademarks, service marks, logos, trade dress, domain names, and trade names are the properties of their respective owners.

16. LINKS TO TFFE WEB PAGES.

16.1 TFFE permits links to the Sites provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices; (b) you do not directly or indirectly cause any portion of the Sites to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party; (c) you give TFFE notice of all such links by sending an e-mail to customerhappiness@tonysfreshmarket.com; and (d) you discontinue providing links to the Sites if notified by TFFE.

16.2 When linking to the Sites, you may use one or more TFFE logos (“Logos”) as a link anchor. All Logos are trademarks of TFFE and TFFE retains all rights in them. TFFE grants you a limited, revocable license to use the Logos solely as a link anchor for linking to TFFE web pages as provided above and for no other purpose. The Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, TFFE does not grant, by implication, estoppel, or otherwise, any license to use any trademark, copyrighted materials, or other proprietary materials displayed on the Sites and any other use is strictly prohibited.

17. USER CONTENT.

17.1 TFFE may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Sites (collectively, “submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). TFFE may use User Content submitted to the Sites or submitted to TFFE’s pages on third party sites including, but not limited to, Google Reviews, Yelp, and Facebook. TFFE is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. TFFE does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will TFFE be liable for any loss or damage caused by reliance on the Sites, User Content or information or materials obtained through User Content.

17.2 You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.

17.3 You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

17.4 User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. TFFE has no control over and shall have no liability for any damages resulting from the use or misuse by any third-party of information that you make public by submitting it. If you choose to make personally identifiable information available, you do so at your own risk.

17.5 TFFE has the right, but not the obligation, to monitor User Content. We reserve the right not to post or take down any User Content. We do not have an obligation to post, maintain, screen, or otherwise use User Content. We may discontinue the ability to submit User Content in the sole discretion of TFFE.

17.6 The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Sites, including User Content.

18. GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.

18.1 RESOLUTION OF CLAIMS OR DISPUTES. Except for claims arising or relating to the infringement of any of TFFE’ intellectual property, any claim or dispute between you and TFFE arising out of or relating in any way to your use of the Sites or the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

18.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. You specifically acknowledge and agree that you waive the right to bring a lawsuit IN COURT based on ANY claims or disputes arising out of or relating in any way to your use of the Sites or the Terms, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Sites, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to any state consumer protection laws.

18.4 ARBITRATION PROCEDURES.

18.4.1 Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to TFFE by calling 1-630-735-6760 and asking for the customer service department and allowing TFFE the opportunity to resolve the claim(s) or dispute(s). If your claim(s) or dispute(s) are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.

18.4.2 The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org.

18.4.3 The arbitration of any claims or disputes hereunder shall be conducted in Chicago, Illinois.

18.4.4 All administrative expenses of arbitration proceedings commenced hereunder shall be paid by TFFE.

18.5 ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.

18.6 CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Illinois. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

19.1 If you believe your work has been copied on the Sites in a way that constitutes copyright infringement, please send a written notification (“the Infringement Notification”) containing all the following information:

  • 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 Sites are covered by a single Infringement Notice, a representative list of such works at that Sites;
  • 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 us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
  • 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 Infringement 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.

19.2 For notice of claims of copyright infringement on or relating to the Sites, TFFE can be reached as follows:

Tony’s Finer Foods Enterprises, LLC
Attn: Customer Service
1200 Bryn Mawr Ave
Itasca, IL 60143
customerhappiness@tonysfreshmarket.com

Tel: (630) 735-6760
Fax: (630) 735-6761

With a copy to:
Heritage Grocers Group, LLC
Attn: Legal Department
2501 East Guasti Road
Ontario, CA 91761
legal@heritagegrocers.com

20.   NOTICE TO CONSUMERS.

 If you have a complaint or question regarding the Sites, please contact us by phone toll-free at (855) 550-0007, Monday through Friday, 8 a.m. to 5 p.m. Pacific Time, except federal holidays or submitting the request securely online via https://www.lighthouse-services.com/tonysfreshmarket.

21. GENERAL INFORMATION.

21.1 You agree that no joint venture, partnership, employment, or agency relationship exists between TFFE and you as a result of this Agreement or your use of the Sites.

21.2 Any claim or cause of action you may have with respect to TFFE or the Sites must be commenced within one (1) year after the claim or cause of action arose. All claims must be resolved using the procedures set forth in Section 18, above.

21.3 The failure of TFFE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

21.4 You may not assign the Terms or any of your rights or obligations under the Terms without TFFE’ express written consent.

21.5 The Terms inure to the benefit of TFFE’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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