WEB SITE PRIVACY POLICY

1.         Overview

            Thank you for visiting www.simplyfreshdelivered.com (the "Web Site") and reviewing our Privacy Policy. Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit the Web Site unless you choose to provide that information. This Privacy Policy does not describe information collection practices on other sites, including those linked to or from the Web Site. We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

2.         What Type of Information We Collect

            The server on which the Web Site is located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested.

3.         Taxes

          Simply Fresh shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California (CA). For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.

4.         Return & Refund Policy

             Simply Fresh or http:// www.SimplyFreshDelivered.com does not permit the returns, refunds, cancellations or exchanges for the online orders.

5.         Children's Issues

            The Web Site is not directed to children under thirteen (13) years of age, and children under such age must not use the web site or services offered on it to submit any individually identifiable information about themselves.

6.         Copyright

            The materials found on the Web Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall contents of the Web Site are copyright © August 20, 2009, The Simply Fresh. Permission is granted to view and print materials from shopping.cluckuchicken.com  for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of The Simply Fresh, is strictly prohibited.

7.         Trademarks

        The Simply Fresh  is a trademark of Simply Fresh.

8.         Credit Cards

         We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you).

9.         No Warranties

             Simply Fresh or www.SimplyFreshDelivered.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

            IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.         Indemnification

            You agree to indemnify, defend and hold harmless the Web Site and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of this Privacy Policy by you.

11.         Governing Law and Jurisdiction

            This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of California (CA).

12.         Last Update

            This Privacy Policy was last updated on August 20, 2009.

13.       Contact Information

            Questions or comments regarding the Web Site should be sent by e-mail to info@simplyfreshdelivered.com or by U.S. mail to 3085 Reynard Way San Diego - 92103, California Telephone (858) 337-6993