Terms and Conditions
Agreement between User and pghfresh.com
Welcome to pghfresh.com. The pghfresh.com website (the “Site”) is comprised of various web
pages operated by Pittsburgh Fresh. pghfresh.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of pghfresh.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
pghfresh.com is an E-Commerce Site.
Visiting pghfresh.com or sending emails to Pittsburgh Fresh constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Pittsburgh Fresh is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Pittsburgh Fresh and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Pittsburgh Fresh does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use pghfresh.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
pghfresh.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under
the control of Pittsburgh Fresh and Pittsburgh Fresh is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Pittsburgh Fresh is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Pittsburgh Fresh of the site or any
association with its operators.
Certain services made available via pghfresh.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the pghfresh.com
domain, you hereby acknowledge and consent that Pittsburgh Fresh may share such information
and data with any third party with whom Pittsburgh Fresh has a contractual relationship to provide
the requested product, service or functionality on behalf of pghfresh.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
you warrant to Pittsburgh Fresh that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pittsburgh Fresh or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pittsburgh Fresh content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Pittsburgh Fresh and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Pittsburgh Fresh or our licensors except as expressly authorized by
Third Party Accounts
You will be able to connect your Pittsburgh Fresh account to third party accounts. By connecting
your Pittsburgh Fresh account to your third party account, you acknowledge and agree that you
are consenting to the continuous release of information about you to others (in accordance with
your privacy settings on those third party sites). If you do not want information about you to be
shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Pittsburgh Fresh from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Pittsburgh Fresh Content
accessed through pghfresh.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless Pittsburgh Fresh, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Pittsburgh Fresh reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Pittsburgh Fresh in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Pittsburgh Fresh agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PITTSBURGH FRESH AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PITTSBURGH FRESH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
PITTSBURGH FRESH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PITTSBURGH FRESH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PITTSBURGH FRESH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
Pittsburgh Fresh reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania
and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all
disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Pittsburgh Fresh as a result of this agreement or use of the Site. Pittsburgh Fresh’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Pittsburgh Fresh’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Pittsburgh Fresh with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Pittsburgh Fresh with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Pittsburgh Fresh with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pittsburgh Fresh reserves the right, in its sole discretion, to change the Terms under which
pghfresh.com is offered. The most current version of the Terms will supersede all previous
versions. Pittsburgh Fresh encourages you to periodically review the Terms to stay informed of our
Pittsburgh Fresh welcomes your questions or comments regarding the Terms:
1015 Brookline Boulevard
Pittsburgh, Pennsylvania 15226
Effective as of April 01, 2021