Effective Date: May 20, 2025
Welcome to Fresh Dash LLC ("Fresh Dash", "we"). Fresh Dash operates a website (freshdashmarket.com) and may operate a mobile application serving multiple cities in the United States. By accessing our website, using our mobile application (if applicable), and accessing the information, resources, services, products, and tools we provide, you understand and agree to comply with these Terms of Service ("Terms"), as well as our Privacy Policy (available at freshdashmarket.com/policy/privacy.html) or other terms and conditions stated in documents or articles on our website or mobile application, which are incorporated herein by reference.
We reserve the right to change the Terms at any time without notice. You acknowledge and agree that it is your responsibility to review these Terms regularly to become familiar with any modifications. Your continued use of the website after such modifications will constitute your acknowledgment and agreement to the modified Terms.
By accessing our website, mobile application (if applicable), and directly or indirectly accessing the information, resources, services, products, and tools we provide to you ("Services"), you agree to use these Services only for (a) the intended purposes permitted by the Terms, and (b) in compliance with all applicable laws, regulations, and generally accepted online practices or guidelines. Additionally:
This section outlines terms related to ordering, pricing, delivery, and returns. Please read carefully.
Orders must be confirmed before the specified cutoff time. Available delivery dates and any applicable delivery fees will be displayed during the ordering process. You can modify or cancel orders through your account or by contacting our customer service before the cutoff time. Customer service contact: hi@freshdashmarket.com.
Prices displayed on our website or mobile application may differ from prices offered by other sellers for the same products and may not be the lowest available prices. Fresh Dash reserves the right to change prices at any time and to limit your orders or the quantity of products you may order. If certain products are incorrectly priced, Fresh Dash may cancel those product orders. We will attempt to contact you and will refund such canceled products.
We strive to provide you with the freshest products. However, we may occasionally experience supply chain disruptions, including shortages and quality control issues. Some products may become unavailable. If any supply chain disruption affects your order, we will attempt to deliver the rest of your order and refund you for unavailable items. You may receive a system notification, and unavailable items will be marked as "out of stock" or similar on your invoice. If items are missing from your order and not marked as unavailable, please submit a refund request through your account or contact our customer service: hi@freshdashmarket.com.
You may cancel orders through your account before the specified cutoff time. For orders canceled after the cutoff time, we may charge a fee, especially for perishable or non-resalable items.
Payments for products or services purchased on Fresh Dash must be made via an authorized and non-expired payment card or other payment methods accepted by Fresh Dash. If a payment method is expired, fraudulent, or otherwise suspicious, Fresh Dash reserves the right to cancel or modify any order.
If an account is associated with expired, fraudulent, or otherwise suspicious payment methods, or if there is any abuse of our Services or any violation of these Terms, Fresh Dash reserves the right to close or suspend any account.
Fresh Dash will use reasonable efforts to deliver your order to your specified address within the communicated time frame. Specific delivery terms, fees, and conditions (e.g., for perishable items, restricted items such as alcohol (if offered), or different delivery areas) will be provided during checkout or in a separate delivery policy.
When your order has been delivered or shipped, you will typically receive an email or notification with an invoice. You can access your order history through your account.
Fresh Dash is committed to your satisfaction. If products you receive do not meet our quality standards, please contact us at hi@freshdashmarket.com. Unless otherwise stated, our returns and refunds policy is as follows:
Fresh Dash reserves the right to determine refund and return eligibility on a case-by-case basis and may require photographic evidence or other information to process requests.
Fresh Dash may, at its sole discretion, offer promotions and discounts with different features and rates to our users, and may modify, suspend, terminate, or cancel any promotion or discount at any time without notice and for any reason. Promotions or discounts are non-transferable, non-resalable, may not be used for ineligible or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be restricted or revoked. Generally, only one (1) coupon or promo code may be used per order.
Abuse of any promotion or discount, including using multiple accounts associated with the same customer or customer group, violates our policy and will result in order cancellation and account suspension or termination. For example, if Fresh Dash discovers users creating duplicate accounts to repeatedly use limited promotions or coupons, Fresh Dash reserves the right to cancel or void orders and close customer accounts.
Fresh Dash may allow you to purchase, receive, or use products, content, information, offers, and services from certain third parties. When Fresh Dash offers or partners with these third parties, Fresh Dash acts only as a link between you and such third parties and should not be construed as an endorsement. You agree that Fresh Dash is not responsible for any purchase, payment, warranty, delivery, or maintenance of any such third-party products or services.
You agree that Fresh Dash may send you sales and marketing communications, such as by email, in-app push notifications (if applicable), or text messages. You may opt out of receiving sales and marketing communications from Fresh Dash at any time by following the unsubscribe instructions in those messages. This does not affect subsequent subscriptions, and if your opt-in is limited to certain types of emails, your opt-out will be similarly limited. Likewise, you can limit push notifications by adjusting your mobile device settings. You may have the opportunity to opt in to Fresh Dash messaging programs, which provide updates about product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded, or promotional and may be delivered by voice or text. You can opt out of receiving text messages at any time by replying "STOP." You may receive a confirmation text. Message and data rates may apply. You can opt out of any voice call messaging program by following the instructions provided during the call.
By opting in to SMS communications from FreshDash, you may receive the following types of text messages:
Message frequency varies based on your account activity. Message and data rates may apply. To opt out of SMS at any time, reply STOP to any message. To request help, reply HELP or contact us at hi@freshdashmarket.com.
The Services are provided on an "as is" and "as available" basis, without any warranties, representations, or endorsements of any kind. To the fullest extent permitted by law, Fresh Dash disclaims all express, implied, statutory, or other warranties (including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties regarding information, data, data processing services, or uninterrupted access or use). Fresh Dash does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components. Fresh Dash makes no representations or warranties regarding the availability, usefulness, completeness, correctness, accuracy, reliability, effectiveness, suitability, timeliness, proper sequence, or other aspects of the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and product prices/availability described or depicted on the Services or provided through the Services). Applicable law may not allow the exclusion of implied warranties, so some or all of the above disclaimers may not apply to you.
To the fullest extent permitted by law, in no event (except for liability for personal injury caused by consumer goods) shall Fresh Dash be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any loss of profits or revenue, arising from, based on, or resulting from: (i) your access to or use of the Services, or inability to access or use the Services; (ii) any transaction conducted or facilitated through the Services; (iii) any claims arising from errors, omissions, defects, or other inaccuracies in the Services; (iv) any unauthorized access to, use, disclosure, or alteration of your data transmissions (including but not limited to your personal information or payment card information); (v) any statements or conduct of any third party on the Services; or (vi) any other matter relating to the Services, even if Fresh Dash or its representatives have been advised of the possibility of such damages.
Notwithstanding the above, Fresh Dash's total liability to you (excluding liability for personal injury caused by consumer goods), whether in contract, warranty, tort (including but not limited to Fresh Dash's negligence, but excluding gross negligence, recklessness, and willful misconduct), product liability, strict liability, or any other theory, arising from these Terms or your access to and/or use of the Services for any reason, shall be limited to the total amount paid by you to Fresh Dash in the thirty (30) days prior to the date of the claim (if any). If you are dissatisfied with any Services or any services provided through the Services, your sole and exclusive remedy is to stop using the Services. Applicable law may not allow some or all of the above exclusions or limitations of damages, so some of these exclusions or limitations may not apply to you.
You agree to indemnify and hold harmless Fresh Dash and its subsidiaries and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors from and against all losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from your or anyone else's violation of these Terms or failure to fulfill any obligations relating to your account. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you agree to provide us with such cooperation as we reasonably request.
If you are a Fresh Dash user or member in the United States (including its territories and possessions), you and Fresh Dash agree that any dispute, claim, or controversy arising out of or relating in any way to the Fresh Dash Services, these Terms, or this arbitration agreement shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a (judge or) jury, allows for more limited discovery than court, and is subject to very limited court review. The arbitrator can award the same damages and relief as a court, and nothing in this arbitration agreement shall be construed as limiting any non-waivable statutory rights. You agree that by agreeing to these Terms, the Federal Arbitration Act governs the interpretation and enforcement of these Terms, and you and Fresh Dash both waive the right to a jury trial or to participate in a class action. This arbitration provision will survive the termination of this agreement and your Fresh Dash membership/account.
If you choose to seek arbitration or file a small claims court lawsuit, you must first send Fresh Dash a written notice of your claim ("Notice") by certified mail. Notices to Fresh Dash must be mailed to: Legal Department, Fresh Dash LLC, 1119 N KRAEMER BLVD, ANAHEIM, CA 92806 ("Notice Address"), and copied to: hi@freshdashmarket.com (or hi@freshdashmarket.com, if more appropriate). If Fresh Dash initiates arbitration, it will send written notice to the email address associated with your membership account. Any notice, whether sent by you or Fresh Dash, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Fresh Dash and you do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Fresh Dash may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy forms for notice and arbitration initiation from www.adr.org. If you are required to pay a filing fee, upon receipt of notice that you have commenced arbitration, Fresh Dash will reimburse you for your payment of the filing fee, unless your claim exceeds $10,000, in which case you will be responsible for the filing fee.
Arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules") (as modified by this agreement), and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Fresh Dash and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's decision will be final and binding on all parties, except: (1) as provided by law for judicial review; or (2) if the arbitrator's award includes injunctive relief against a party, that party may seek judicial review of the injunctive relief in a court of competent jurisdiction, not bound by the arbitrator's application or conclusions of law.
If your claim is for $10,000 or less, we agree that you may choose whether arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. In all cases, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator awards you an amount greater than Fresh Dash's last written settlement offer made before the arbitrator was selected (or if Fresh Dash made no offer), Fresh Dash will pay you the award or $250, whichever is greater. Except as otherwise provided in this agreement, all filing, administration, and arbitrator fees will be governed by the AAA Rules.
You and FRESH DASH agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Fresh Dash agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found unenforceable, then the entirety of this arbitration provision shall be null and void.
If you have any concerns, complaints, or feedback, please contact customer service at hi@freshdashmarket.com. For your reference, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
As a California resident, under Proposition 65, you have the right to be notified when products contain chemicals listed by the State of California as known to cause cancer and/or reproductive toxicity, and exposure to such chemicals at significant risk levels. For information about Proposition 65, visit www.P65Warnings.ca.gov.
These Terms and any other matters related to or arising from your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
For more information about our Services, if you need help with your account, or have questions about your order, please contact Fresh Dash customer support at hi@freshdashmarket.com. If there is any conflict between these Terms and information provided by customer service or other parts of the Services, these Terms shall prevail.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Fresh Dash LLC may change these Terms at any time. Such revisions will take effect immediately; however, for existing members/users, unless otherwise stated, such revisions will take effect 30 days after posting. Fresh Dash LLC may assign these Terms and any other agreement with you to any affiliate or any entity that controls all or substantially all of the business or assets related to the applicable Services and/or Fresh Dash.
We will send you information related to your account (such as payment authorizations, invoices, changes to password or payment method, confirmation messages, notices) only electronically to the contact information you provided during account registration. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.