Terms and Conditions

FRESHMADE BRANDS
WEBSITE TERMS AND CONDITIONS
Last Updated and Effective as of: June 1, 2026
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Freshmade Brands (“we,” “us,” or
“our”), concerning your access to and use of the website located at www.freshmadebrands.com
(the “Website”).
Your use of the Website is at all times subject to these Terms, as the same may be modified by
us, and all applicable local, state, national, and foreign laws, rules, and regulations, or terms with
third parties to which you are subject, in connection with your access and/or use of the Website
under these Terms. By accessing or using any part of the Website, you accept, without
limitation or qualification, these Terms. If you do not agree with all of these Terms, you
may not use any portion of the Website. If you are dissatisfied with these Terms or the Website,
or any material on the Website, your sole and exclusive remedy is to discontinue using the
Website.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Accessibility: If you are having any trouble accessing these Terms or the Website, please
contact us at privacy@freshmadebrands.com.
Eligibility: You must be at least 18 years old to use the Website. By agreeing to these Terms,
you represent and warrant to us that: (a) you are at least 18 years old; and (b) your use of the
Website complies with any and all applicable laws and regulations.
Privacy Policy: Use of the Website is also governed by our Privacy Policy, which is incorporated
herein by reference. Additionally, you acknowledge and agree that transmissions made over the
Internet are never completely private or secure and that messages or information you send to the
Website may be intercepted or read by others.
Use of the Website: The Website is provided for your personal and non-commercial use and for
informational purposes only. Any other use of the Website requires our prior written consent. You
may not use spiders, robots, data mining techniques, or other automated devices or programs to
catalog, download, or otherwise reproduce, store, or distribute content available on the Website.
Further, you may not use any such automated means to manipulate the Website, such as
automating what are otherwise manual or one-off procedures. You may not take any action to
interfere with, or disrupt, the Website or any other user’s use of the Website, including, without
limitation, via means of overloading, “flooding,” “mailbombing,” or “crashing” the Website,
circumventing security or user authentication measures, or attempting to exceed the limited
authorization and access granted to you under these Terms. You may not frame portions of the
Website within another website. You may not resell use of, or access to, the Website to any third
party without our prior written consent.
Accessing the Website: To access some of the resources the Website offers, such as the ability
to contact us, you may be asked to provide certain personal details or other information. It is a
condition of your use of the Website that all the information you provide through the Website is
correct, current, and complete. You agree that all information you provide through this Website or
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otherwise, including, but not limited to, through any interactive features on the Website, is
governed by our Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
We reserve the right to withdraw or amend the Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some or all parts of the Website.
Proprietary Rights: Freshmade Brands is the owner of or otherwise licensed to use all parts of
the Website, including all copy, software, graphics, designs, content and all copyrights,
trademarks, service marks, trade names, logos, and other intellectual property or proprietary
rights contained therein. Some materials on the Website belong to third parties who have
authorized Freshmade Brands to display the materials, such as certain third-party licensors. By
using the Website, you agree not to copy, distribute, modify, or make derivative works of any
materials without the prior written consent of the owner of such materials. Except as expressly
set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of
accessing or using the Website. All rights not granted under these Terms are reserved by
Freshmade Brands.
No Ideas Accepted: We do not accept any unsolicited ideas regarding the Website from outside
Freshmade Brands including, without limitation, suggestions about advertising or promotions,
additions to our services, or changes in methods of doing business (collectively, a “Submission”).
You understand that your Submission is not provided in confidence, and that we assume no
obligation, expressed or implied, by considering and/or using it. You further hereby irrevocably
assign all worldwide rights, now known or hereafter existing, in and to your Submission to us.
Without limiting the foregoing, to the extent any such assignment is deemed unenforceable,
and/or to the extent necessary for Freshmade Brands to utilize your Submission, you hereby grant
to Freshmade Brands an irrevocable, perpetual, worldwide license to use your Submission,
including, without limitation, any and all rights therein, in whole or in part, in any manner, in any
media now known or hereafter developed, without compensation, attribution, and/or other benefit
of any kind to you.
Linking to the Website: You may link to our Website homepage, provided you do so in a way
that is fair and legal and does not damage our reputation or take advantage of it, but you must
not establish a link in such a way as to suggest any form of association, approval, or endorsement
on our part without our express written consent.
Links from the Website: If the Website contains links to other sites and resources provided by
third parties, these links are provided for your convenience only. We have no control over the
contents of those sites or resources, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. If you decide to access any of the third-party
websites linked to the Website, you do so entirely at your own risk and subject to the terms and
conditions of use and privacy policies for such websites.
No Warranties: WHILE FRESHMADE BRANDS USES REASONABLE EFFORTS TO INCLUDE
UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS
WARRANTIES STATED ON THE WEBSITE, FRESHMADE BRANDS MAKES NO
WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF
INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR
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USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT
MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”
AND FRESHMADE BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, FRESHMADE BRANDS DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FRESHMADE BRANDS
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, FRESHMADE BRANDS
SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT SHALL FRESHMADE BRANDS BE LIABLE UNDER ANY THEORY OF TORT,
CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT, OR
OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED
BY LAW, IN NO EVENT WILL FRESHMADE BRANDS BE LIABLE FOR ANY DIRECT
DAMAGES EXCEEDING THE GREATER OF: (A) ANY FEES YOU PAID TO FRESHMADE
BRANDS FOR SERVICES IN THE YEAR PRECEDING THE CLAIM; OR (B) FIVE HUNDRED
($500) UNITED STATES DOLLARS.
Changes: All information posted on the Website is subject to change at any time. In addition,
these Terms may be changed at any time, provided that any material modifications will only be
applied prospectively. We will make such changes by posting them on the Website. You should
check the Website for such changes frequently. Your continued access to the Website after such
changes demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend, and hold harmless Freshmade Brands, its
employees, directors, officers, agents, business partners, affiliates, contractors, distribution
partners and representatives from and against any and all claims, demands, liabilities, costs or
expenses, including attorney’s fees and costs, arising from, or related to: (i) your use of the
Website; (ii) any breach by you of any of these Terms; and (iii) any violation of applicable law.
Severability: If any part of these Terms shall be held or declared to be invalid or unenforceable
for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall
not affect any other part of these Terms, and in such event, such provision shall be changed and
interpreted so as to best accomplish the objectives of such unenforceable or invalid provision
within the limits of applicable law or applicable court decisions.
Assignment: You may not assign your rights or delegate your duties under these Terms, either
in whole or in part, and any such attempted assignment or delegation shall be void.
Waiver; Remedies: The failure of Freshmade Brands to partially or fully exercise any rights or
the waiver of Freshmade Brands of any breach of these Terms by you shall not prevent a
subsequent exercise of such right by Freshmade Brands or be deemed a waiver by Freshmade
Brands of any subsequent breach by you of the same or any other term of these Terms. The
rights and remedies of Freshmade Brands under these Terms and any other applicable
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agreement between you and Freshmade Brands shall be cumulative, and the exercise of any
such right or remedy shall not limit Freshmade Brands’s right to exercise any other right or
remedy.
Force Majeure: Freshmade Brands shall not be responsible for any delay, interruption, or other
failure to perform under these Terms due to acts beyond its reasonable control, but only for so
long as such conditions persist. Force majeure events include, but are not limited to: natural
disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil
commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet
service providers and other third parties; explosions and fires; embargoes, strikes, and labor
disputes; governmental decrees; epidemics, pandemics, quarantines, or other public health
emergencies; and any other cause beyond the reasonable control of Freshmade Brands. If at any
time continued provision of the Website would compromise the security of the Website due,
without limitation, to hacking attempts, denial of service attacks, mail bombs, or other malicious
activities, you agree that Freshmade Brands may temporarily suspend the Website.
Governing Law; Dispute Resolution; Arbitration: The laws of Illinois shall govern these Terms.
While we will make reasonable efforts to resolve any disagreements you may have with
Freshmade Brands, if these efforts fail, you agree that all claims, disputes, or controversies
against Freshmade Brands arising out of these Terms, or the purchase of any services (“Claims”)
shall be exclusively submitted to binding arbitration (except for matters that may be taken to small
claims court), no matter what legal theory they are based on or what remedy (damages, injunctive,
or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional
tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other
sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or
otherwise; and Claims made independently or with other claims. The party filing arbitration must
submit Claims to the American Arbitration Association and follow its rules and procedures for
initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place
chosen by the American Arbitration Association in the same city as the U.S. District Court closest
to your then current residential address, or at some other place to which you and Freshmade
Brands agree in writing, and the arbitrator shall apply Illinois law consistent with the Federal
Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN
ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating
arbitration by contacting the American Arbitration Association using the contact information noted
below.
American Arbitration Association
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least
ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of
the American Arbitration Association. The arbitration will follow the procedures and rules of the
American Arbitration Association which are in effect on the date the arbitration is filed unless those
procedures and rules are inconsistent with these Terms, in which case these Terms will prevail.
Those procedures and rules may limit the discovery available to you or us. The arbitrator will take
reasonable steps to protect your customer account information and other confidential information
if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s
attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a
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party may recover any or all expenses from another party if the arbitrator, applying applicable law,
so determines. The arbitrator’s award is final and binding on the parties.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim
is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall
then be submitted to arbitration.
Jurisdiction: The Website is provided from the United States and all servers that make them
available reside in the United States and in other jurisdictions. The laws of other countries may
differ regarding the access and use of the Website. We make no representations regarding the
legality of the Website in any other country and it is your responsibility to ensure that your use
complies with all applicable laws, including, without limitation, export and import regulations of the
United States and other countries.
Questions: Should you have any questions regarding these Terms, you may contact us via email
at privacy@freshmadebrands.com.