Acceptance of Terms
Fresh Effects ™ (“Fresh Effects” or “we”, “us”, “our”, “company”) provides access to the Fresh Effects™ web site, located at www.thefresheffects.com (the “Site”) subject to your acceptance of Our Web Site User Agreement (“Agreement”). Fresh Effects may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein in Section 2) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact Fresh Effects by e-mail at email@example.com or 208-999-0734 before using the Site.
Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a “User” under this Agreement.
Use of the Site
You understand that Fresh Effects cannot, and does not, guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Equipment Purchase Agreement
By placing an order on our site, you agree to the Purchase Agreement found HER..
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (i.e. “Spam”).
RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
FRESH EFFECTS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND FRESH EFFECTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. FRESH EFFECTS DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Fresh Effects periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Fresh Effects shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Fresh Effects and its parent company, affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use or purchase of services or goods provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Fresh Effects defense of any claim. Fresh Effects reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Fresh Effects.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Fresh Effects, LLC and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Fresh Effects, LLC. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Fresh Effects.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Fresh Effects. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Fresh Effects. copyright.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FRESH EFFECTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL FRESH EFFECTS TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO FRESH EFFECTS FOR THE USE OF THE SITE BY YOU, OR $50. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF FRESH EFFECTS, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
Your Account Obligations
In consideration of your use of the Site you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site. You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. Fresh Effects shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Fresh Effects shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Fresh Effects shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Fresh Effects shall immediately issue a credit to your credit card account in the amount of the charge.
No Endorsement of Content and Links to Other Web Sites
Any links to other sites are provided as merely a convenience to the Users of this Site. This Site may provide links or references to other sites but Fresh Effects has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Fresh Effects does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
Linking and Framing the Site
Unless a User has a written agreement in effect with Fresh Effects that states otherwise, a User may only provide a hyperlink to the Site on another web site if the User complies with all of the following: (a) the link must be a text-only link clearly marked “Fresh Effects” or the link must “point” to the URL https://www.thefresheffects.com” and not to other pages within the Site; (c) the link, when activated by a User, must display the Site full-screen and not within a “frame” on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Fresh Effects name and trademarks or create the false appearance Fresh Effects is associated with, or a sponsor of, the linking web site. (d) Must have the written consent from Fresh Effects. By providing this consent, Fresh Effects is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. Fresh Effects reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and access to the Site shall be governed by and construed in accordance with the law of the state of Idaho, Ada County, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Idaho, Ada County and of the United States of America located in Idaho for any litigation arising out of or relating to use of the Site or purchases of services made through the Site (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Idaho and agree not to plead or claim in any court in the state of Idaho that such litigation brought therein has been brought in an inconvenient forum.
Fresh Effects makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
Should any User respond to Fresh Effects with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any Fresh Effects document, the Site, or Fresh Effects services, such information shall be deemed to be non confidential and Fresh Effects shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Fresh Effects shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Acceptable and Lawful Use of the Site
Any information provided to Fresh Effects in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Fresh Effects or cause us to lose the services of our Internet service providers or other suppliers. The sender of any communications to this Site or otherwise to Fresh Effects shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. Fresh Effects reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
Any delay or failure by you or Fresh Effects, at any time or times, to require performance of any provision hereof shall in no manner affect your or Fresh Effects right at a later time to enforce such provision. No delay or failure of you or Fresh Effects in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Fresh Effects and you pertaining to the subject matter hereof. In its sole discretion, Fresh Effects may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Fresh Effects, except pursuant to the sale of your business, or all or substantially all of its assets. Fresh Effects may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
Fresh Effects may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us at 208-999-0734.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Fresh Effects policy regarding copyright infringement and Fresh Effects designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is set forth below:
FRESH EFFETS COPYRIGHT NOTICE
Fresh Effects and its affiliates, parent companies, and subsidiaries (“Fresh Effects”) respect the intellectual property rights of others and requires those who visit our Site to do the same. Fresh Effects may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site that infringes upon the copyright rights of others. Fresh Effects also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify Fresh Effects by written notice. The notice should include the following information:
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Notice of copyright infringement claims on the Site www.thefresheffects.com is:
Fresh Effects, LLC
3465 South Shortleaf Avenue
Boise, ID 83716 USA
By email: email@example.com
By telephone: 208-999-0734