FRESH MAT LLC TERMS AND CONDITIONS
TERMS APPLICABLE TO ALL PURCHASES
In order to use certain features of the Site, you must register for an account with FM (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The prices of all FM products are expressed in United States Dollars (“USD”). Unless otherwise indicated, the prices provided include applicable taxes. Where payments are made via credit card, you agree to immediately authorize FM (or its third-party payment processor) to charge you on a reoccurring basis according to the terms of the subscription plan chosen and described herein.
The price of the horse feed produced by FM, known and advertised as FRESH MAT (“FRESH MAT”) is $390.00 USD per month with the monthly payment made in advance (a “Monthly subscription”), which entitles you to receive a ration of 10 pounds (lbs.) per day of FRESH MAT for the next thirty (30) calendar days. Payment must be received ahead of the month for which FRESH MAT will be provided.
If you pay ninety (90) days in advance (a “Quarterly subscription”), you will be charged $1,080.00 USD in advance, such that you will have paid $360.00 per month, to receive a ration of 10 lbs. per day of FRESH MAT for the next ninety (90) calendar days.
If you pay one-hundred eighty (180) days in advance (a “Semi-annual subscription”), you will have paid $1,800.00 USD in advance, such that you will have paid $300.00 per month, to receive a portion of approximately 10 lbs. per day of FRESH MAT for the next one-hundred eighty (180) calendar days.
The prices as shown and reflected herein are for informative purposes only, and are subject to change without notice.
To the extent permitted by law, FM:
- Has the right to revoke any offer or promotion applicable to the merchandise, even before the end of the validity of the promotion; should that occur, FM will use the same means by which the offer or promotion was announced to notify recipients of its revocation.
- FM will respect the rights of consumers whose orders have been accepted during the validity of the offer or promotion period under the terms of applicable regulations.
- AUTOMATIC RENEWAL
All subscriptions are renewed automatically, depending on the plan selected (whether a Monthly, Quarterly, or Semi-Annual subscription). In order to cancel a subscription, it is necessary to do it before the cut-off date. * See cancellation policies in Section 4 of this Agreement.*
If you don’t make automated payments by credit card, you will be notified at least seven (7) days before the expiration of your subscription that you must pay again to renew your subscription. If for some reason you cannot make the automated payment or FM does not receive the renewal payment, the service will be automatically suspended on the last day of the previous subscription.
- CANCELLATION POLICY
FM accepts cancellations as long as they are requested in writing and sent to the e-mail address email@example.com under the following conditions:
- Monthly subscriptions may not be cancelled within the first thirty (30) contracted days; FM will deliver FRESH MAT daily until the thirty (30) contracted days have expired. In case you do not want to automatically renew the subscription, you must notify FM in writing to the email firstname.lastname@example.org at least seven (7) days before the end of the thirty (30) day period. (Ex: If the initial subscription was made on January 10 to cancel the automatic renewal, you must notify us before February 2 and so on).
- Quarterly subscriptions may be canceled as long as they are made in writing to the e-mail email@example.com at least seven (7) days before (i) the end of the first thirty (30) days, (ii) the end of the following thirty (30) days; or (iii) if you wish not to renew your subscription, seven (7) days before the end of ninety (90) days from when the Quarterly subscription began or was renewed. When properly cancelled, the amount of the remaining months will be reimbursed pro rata with a penalty of $90.00 USD for difference in prices, plus $50.00 USD for administrative expenses, plus the expenses generated by the return for bank fees. (Ex: If the initial subscription was made on January 10, and you decide to cancel on February 2, 2 months will be reimbursed less the applicable penalties, but if you decide to cancel on February 12th, just 1 month will be reimbursed less the applicable penalties).
- Semi-annual subscriptions can be canceled as long as the cancellation request is made in writing to the mail firstname.lastname@example.org at least seven (7) days before the end of every thirty (30) day period starting from the date the Semi-annual subscription began or was renewed. When properly cancelled, the amount of the remaining months will be reimbursed pro rata with a penalty of $540.00 USD for price difference, plus $100.00 USD for administrative expenses, plus the expenses generated by the return for bank fees. (Ex: If the initial subscription was made on January 10, and you decide to cancel on March 3rd, four (4) months will be reimbursed less applicable penalties, but if you decide to cancel on March 12th, three (3) months will be reimbursed less applicable penalties).
FM is not liable for additional expenses or delays caused by cancellations where you have not adhered to the procedures presented in this Cancellation Policy Section.
- REIMBURSEMENT POLICY
FM may reimburse the amounts paid by you, but such reimbursements will always be subject to the provisions of this section and the cancellation policies specified in the Cancellation Policy Section above.
In the case of purchase orders that could not be processed, you will be informed, and a refund of the amounts paid will be made.
At your choice, the refund of the amounts paid will be made in accordance with the following options:
- In the event that the payment has been made with bank cards (whether debit or credit), the refund can be made via a chargeback to the same card that was used; or
- If the payment was made by other means, the refund may be made through a wire transfer to the account indicated by you in writing or via a check issued by FM that will be sent by mail to the billing address provided by you.
All refunds will be made within fifteen (15) business days after the date of confirmation of the cancellation.
- AVAILABILITY OF PRODUCTS
The delivery date of the product will begin seven (7) calendar days after receipt and confirmation of the corresponding advance payment, unless otherwise specified by FM in writing. FM will notify you by email of the date on which your subscription begins and ends, according to the term contracted.
- DELIVERY POLICY, SHIPPING, AND RETURNS
Purchase orders will be processed within forty-eight (48) hours of receipt. Orders received after 6:00 p.m. (EST) will be processed the next business day. Products purchased will be delivered starting seven (7) days after the bank confirms payment via the online payment platform or FM’s credit department.
FM will send the products purchased by you to the address specified for that purpose provided that said address is complete and within the coverage area established by FM.
You accept and recognize that the products are shipped and delivered through a third-party company, and deliveries are subject to their terms and conditions. FM is not responsible for the delivery times of the third-party company. Rather, title and risk of loss for such merchandise pass to you upon FM’s delivery to the third-party carrier.
As the FRESH MAT is cut daily and a fresh and perishable product, you accept and recognize that FM’s delivery may be suspended in whole or in part due to the quality of the product not meeting FM’s standards. Should that occur, FM will notify you, and the amount of FRESH MAT that FM should have delivered will be replenished later. In the event that you do not receive the products daily according to the Terms contracted with FM, and have not received notice from FM of a production suspension, you must contact FM promptly through its email address: email@example.com.
Shipping costs are generally included in the prices of the subscriptions, but may be added to the cost of the product purchased in certain cases; where that occurs, the shipping costs will be calculated, detailed, and provided to you before you confirm your purchase order. Shipping costs may fluctuate and are subject to the terms of the third-party companies that make deliveries of the product(s). Further, where the same package has to be sent again for reasons beyond FM’s control, the shipment will generate an additional cost that will be charged to you.
FM suggests that you verify the integrity and quality of the products received prior to accepting delivery by checking the packaging expiration date label. If you are not satisfied with the FRESH MAT or the security seal is violated, you are asked not to receive the delivery by the third-party delivering the product and to immediately contact FM Customer Service Center at telephone number (754) 227-5299. Once the FRESH MAT has been removed from the packaging, it may not be returned. Further, slight variations in color, texture, length, weight, moisture content, odor, amount of barley contained, size, feeling, and a multitude of other aspects cannot be controlled and the variation thereof in the FRESH MAT does not constitute grounds for a refund.
National holidays in the United States of America (New Year’s Day (January 1), Memorial Day, Independence Day (July 4), Labor Day, Thanksgiving Day, and Christmas Day (December 25)) may affect the schedules of delivery or cancel in full the delivery service by FM. When the delivery service is cancelled or interrupted, you may receive a notification by the e-mail address, regular mail address, or telephone number provided to us.
INCLEMENT WEATHER AND UNFORESEEN DELIVERY COMPLICATIONS
FM will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. In the case of inclement weather or unforeseen delivery complications, such as natural disasters, it may be necessary to make adjustments to the delivery schedule which will cause FM to suspend chosen delivery dates and times of its products to third-party carriers for delivery to you. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. FM will attempt to deliver your order as quickly as possible when the conditions permit. However, you will NOT RECEIVE A REFUND OR CREDIT FOR ANY DELAY IN THE SHIPMENT OF A PRODUCT CAUSED BY A NATURAL DISASTER. A “Natural Disaster” means a catastrophic event with atmospheric, geological, and hydrological origins (e.g., drought, earthquake, flood, hurricane, or landslide) that can cause fatalities, property damage and/or social environmental disruption.
- COVERAGE AREA
Currently, FM’s coverage area only includes Broward and Palm Beach Counties, within the State of Florida.
- TRANSFER OF MEMBERSHIP
FM accepts the transfers of an acquired membership to another horse, as long as the delivery address is kept at the address originally contracted and remains within FM’s coverage area.
Should you desire to transfer the membership to another delivery address within the FM coverage area, this change will result in an administrative fee of $50.00 USD.
- PRODUCT CONSUMPTION
FM attempts to ensure to the extent possible that FRESH MAT is fresh, produced daily, and packaged to ensure that it is delivered at a temperature suitable for horse consumption. In connection therewith, FRESH MAT packaging contains a label that seals the FRESH MAT and provides information about the date the FRESH MAT was produced. FM recommends that you do not open the package until it will be used to feed the horse. Once received, you should ensure that it is consumed by the horse no more than six (6) hours from the date and time indicated in the packaging to ensure its best possible quality.
You should carefully read the information and description of FRESH MAT before a horse consumes the FRESH MAT.
- BILLING POLICIES
FM will generate purchase invoices on business days between 9:00 a.m. at 5:00 pm (EST). You may request the invoice within the month corresponding to your purchase.
- VETERINARY CONSULTATION
FM has a veterinarian on staff who may answer any questions or inquiries that you may have related to the product.
For any questions, please write to the email address: firstname.lastname@example.org.
- DOUBTS, COMPLAINTS AND CLAIMS
In case of doubts, questions, and/or complaints regarding the products and/or content of these terms and conditions, you may contact FM by phone to (754) 227.5299 or by email to email@example.com.
FM will do everything possible to resolve your problem in the next thirty (30) business days from the date you make your claim.
- DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
16.1 LIMITED WARRANTIES
FM’s SITE, ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES PROVIDED BY FM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE OF ANY KIND. FM, on behalf of itself, its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “FM Parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the Site, Products, and/or your Subscription provided by FM will meet your requirements, or that the operation of the Site will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the Site, Products, and/or your Subscription will be error-free or that any defects will be corrected; and (d) does not make any representations, warranties, or conditions regarding the use of the Site, Products, and/or your Subscription in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the Site, Products, and/or your Subscription is entirely at your own discretion and risk and you assume total responsibility for your use. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FM OR ANY PERSON ON BEHALF OF FM SHALL CREATE A WARRANTY, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
16.2. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY FM PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER OR NOT DUE TO A PRODUCT RECALL, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY). If, notwithstanding the foregoing, a FM Party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the Site, Product(s), or Subscription, the relevant company party’s total cumulative liability shall in no event excess the greater of: (A) the amount you paid FM for its products, as applicable; and (B) the sum of One Hundred United States Dollars ($100.00).
- TERM AND TERMINATION
These Terms will become effective and binding when you use the Site, purchase the Product(s), and/or sign-up for your Subscription, or when you voluntarily provide any information about yourself to us (whichever occurs first). We reserve the right to terminate these Terms, the distribution of the Product(s), your Subscription, and your access to the Site at any time without notice. If we have suspended or terminated these Terms, the distribution of the Product(s), your Subscription, and your access to the Site other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription (if any).
- MISCELLANEOUS MATTERS
18.1 DISPUTE RESOLUTION.
Most concerns can be resolved quickly by contacting FM’s Customer Service Center at telephone number (754) 227-5299. In the event that our customer service department is unable to resolve a complaint to your satisfaction (or if we have not been able to resolve a dispute we have with you, after attempting to do so informally), we each agree to resolve those disputes without a trial by jury and in accordance with Section 18.2.
18.2 CHOICE OF LAW AND VENUE
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and venue shall be in Miami-Dade County, Florida. Application of any part of The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded with respect to this Agreement.
TERMS SPECIFIC TO USERS OF THE SITE
FM respects the intellectual property of others and requires that users of the Site do the same. Copyright © 2019, Fresh Mat LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or in connection with the sale of FM’s product(s) are our property. You are not permitted to use those Marks without our prior written consent. Further, you may not use, copy, display, distribute, modify or reproduce any of the content found on the Site except in accordance with written authorization by us. As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and any and all marketing advertisements, brochures, displays, product packaging, and all related intellectual property rights. FM and its suppliers reserve all rights not granted in these Terms. Unless you first obtain FM’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or in connection with our sale of FM products. If you provide us with any feedback or suggestions regarding the Site or FM products (“Feedback”), you hereby assign to FM all rights in the Feedback and agree that it shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. Should you have any questions about this policy, e-mail inquiries to: firstname.lastname@example.org.
GENERAL RESTRICTIONS ON SITE USE
You agree not to combine or integrate the Site with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site. Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. You agree not to use the Site to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual or ; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the servers or networks connected to the FM’s Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the purchase of FM products. Without our written consent, you may not (i) use any high volume, automated, or electronic means on FM’s Site (including, without limitation, web crawlers, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.