The following Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Golden Valley Ventures LLC. and its affiliates (“Company,” “Golden Valley Ventures,” “we,” “us,” or “our”), concerning your access to and use of any content, services, features, products or functionality, which are not already subject to a separate set of terms and conditions, made available on the website freshness.com (“Freshnss”, “freshnss.com”, “Website”).
Your access and use of freshness.com is subject to these Terms and Conditions and all applicable laws. By accessing or using any part of the freshness.com, you accept, unconditionally without limitation or qualification, these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of freshnss.com.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
If you are having any trouble accessing these Terms and Conditions for freshnss.com, please contact us at (701) 412-5424.
Privacy – Information about You and Your Visits to Freshnss.com
We reserve the right to withdraw or amend freshnss.com, and any service or material we provide on freshnss.com, in our sole discretion without notice. We will not be liable if for any reason all or any part of freshnss.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts of freshnss.com or the entire website.
Intellectual Property Rights
Freshnss.com and their entire contents, features, and functionality (including but not limited to all information, software, metadata, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use freshnss.com for your personal use only. You must not, without the prior written consent of the Company:
- Reproduce, duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our freshness.com.
- Modify copies of any materials from these sites.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of freshnss.com or any services or materials available through freshnss.com.
If you wish to make any use of material on freshnss.com, please address your request to: [email protected] Use for which permission has been received must include with the republished material a credit line such as “Copyrighted material courtesy of Golden Valley Ventures Inc.” or “Copyrighted photo courtesy of Freshnss.com” or its affiliates as appropriate.
If you print, copy, or modify, or otherwise use or provide any other person with access to any part of freshnss.com in breach of the Terms and Conditions, your right to use freshnss.com will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to freshnss.com or any content on freshnss.com is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of freshnss.com not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
If you believe that any user contributions or other materials on freshnss.com violate your copyright, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on freshnss.com;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Freshness.com’s DMCA designated copyright agent for notice of claims of copyright infringement on freshnss.com can be reached as follows:
Golden Valley Ventures
604 Locust Street, Des Moines IA 50309
E-mail: [email protected]
The Company name, the Company logo, and all related domain names, names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use freshnss.com only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use freshnss.com:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) or engage in conduct without the Company’s prior written approval which suggests there is an endorsement by or commercial relationship with the Company.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of freshnss.com, or expose them to liability.
Additionally, you agree not to:
- Use freshnss.com in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of freshnss.com, including their ability to engage in real time activities through freshnss.com.
- Use any robot, spider, or other automatic device, process, or means to access freshnss.com for any purpose, including monitoring or copying any of the material on freshnss.com.
- Use any manual process to monitor or copy any of the material on freshnss.com, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of freshnss.com.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of freshnss.com, the server on which the Website is stored, or any server, computer, or database connected to freshnss.com.
- Attack freshnss.com via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of freshnss.com.
Reliance on Information Posted
The information presented on or through freshnss.com is made available solely for general information purposes, and is provided on an “as is” basis. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to freshnss.com, or by anyone who may be informed of any of its contents.
Freshness.com may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Freshnss.com may allow visitors to make credit card payments for certain Services and merchandise. We accept authorized payments through third-party payment processing service(s) that we have selected. Customers using freshnss.com to purchase Services or merchandise must provide all required payment information and may be directed to our third-party payment processor’s website to complete the transaction.
All credit card transactions on freshnss.com processed through our selected payment processing service are processed in a secure, online payment gateway that encrypts your credit card details in a secure host environment. These details will only be used to process credit card transactions that you have initiated. We do not have access to or store your credit card information on our systems.
You acknowledge and agree that for any payment information you provide, the account being used is yours or that you have been specifically authorized to use it. All credit card account holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery of Services or merchandise.
Linking to freshnss.com and Social Media Features
You may link to our 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.
This Websites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on freshnss.com.
- Send emails or other communications with certain content, or links to certain content, on freshnss.com.
- Cause limited portions of content on freshnss.com to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause freshnss.com or portions thereof to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Link to any part of freshnss.com other than the homepage; or
- Otherwise take any action with respect to the materials on freshnss.com that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from freshnss.com
If freshnss.com contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links, referral links, and affiliate links. 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 or reliance upon information in them. If you decide to access any of the third-party websites linked to freshnss.com, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Please also read the freshness.com Affiliate Disclaimer for additional information on how we use affiliate and referral links for earning commissions.
You must be at least 13 years old to use freshnss.com. By agreeing to these Terms and Conditions, you represent and warrant to us that: (a) you are at least 13 years old; and (b) your use of freshnss.com complies with any and all applicable laws and regulations. If you are between the ages of 13 years old and 16 years old, you must obtain parental consent before providing any information, personal or otherwise, through freshnss.com.
Children accessing freshnss.com should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of freshnss.com; and (iii) the consequences of any use of freshnss.com by such Minor.
freshnss.com may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comments and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through freshnss.com.
All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on freshnss.com, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, service providers, agents, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
We may refuse, alter, or remove a User Contribution without notice for any reason at our sole discretion, including our belief that a User Contribution may violate these Terms and Conditions or be otherwise objectionable. If and to the extent that we elect to accept User Contributions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Contributions posted on freshnss.com, at any time and for any reason, without notice, including to ensure that all such User Contributions comply with these Terms and Conditions. We do not endorse any User Contributions and the User Contributions posted do not reflect our opinions, views or advice. You are solely responsible for your User Contributions and the consequences of posting and publishing them and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Contributions. We take no responsibility and assume no liability for any User Contributions that you or any other User or third-party posts or sends on or through freshnss.com, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any User or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other User and shall have no liability for your interactions or any disputes with other Users or for any User’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other Users.
You are responsible for carefully selecting the information you post on freshnss.com and that you provide to other Users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other Users with whom you come in contact through freshnss.com, and to the extent that the law permits, you release us from any claims or liability related to any User Contributions posted on freshnss.com and from any claims related to the conduct of any other Users.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the authority to grant the rights granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of freshnss.com.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of freshnss.com.
Terminate or suspend your access to all or part of freshnss.com for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through freshnss.com.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on freshnss.com, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
No Ideas Accepted
We do not accept any unsolicited ideas regarding freshnss.com from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us without condition. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or freshnss.com will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH FRESHNSS.COM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF FRESHNSS.COM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH FRESHNSS.COM IS AT YOUR OWN RISK. FRESHNSS.COM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH FRESHNSS.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT FRESHNSS.COM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH FRESHNSS.COM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT FRESHNSS.COM OR ANY SERVICES OR ITEMS OBTAINED THROUGH FRESHNSS.COM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDEN VALLEY VENTURES AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, PROGRAMS, DATA, BUSINESS, REVENUE, GOODWILL, PROFITS, OR OTHER ECONOMIC ADVANTAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, MODIFICATION, COPYING, DOWNLOADING, OR PERFORMANCE OF FRESHNSS.COM, THE DELAY OR INABILITY TO USE FRESHNSS.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF FRESHNSS.COM, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH FRESHNSS.COM, OR OTHERWISE ARISING OUT OF THE USE OF FRESHNSS.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOLDEN VALLEY VENTURES AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, AGENTS, SUCCESSORS, OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FRESHNSS.COM OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FRESHNSS.COM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDEN VALLEY VENTURES’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR SERVICES, PRODUCTS OR ANY ACTIVITY RELATED TO USE OF THE WEBSITE OR $100 (WHICHEVER IS LESS).
UNDER NO CIRCUMSTANCES WILL GOLDEN VALLEY VENTURES AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, AGENTS, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF FRESHNSS.COM, YOUR DATA
OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS GOLDEN VALLEY VENTURES AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. GOLDEN VALLEY VENTURES MAKES NO REPRESENTATION THAT FRESHNSS.COM ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO FRESHNSS.COM FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS FRESHNSS.COM FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Unless prohibited by applicable law, you agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of freshnss.com, including, but not limited to, your User Contributions, any use of freshnss.com’s content, features, products and functionality other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from freshnss.com.
Changes to Freshnss.com and these Terms and Conditions
All information posted on freshnss.com is subject to change at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. In addition, we may revise and update these Terms and Conditions at any time at our sole discretion. All changes are effective immediately when we post them and any material modifications will only be applied prospectively. We will make any such changes by posting them on freshnss.com. You should check freshnss.com for such changes frequently so you are aware of any changes, as they are binding on you. Your continued access to freshnss.com after such changes demonstrates your acceptance of those changes.
If any part of these Terms and Conditions 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 Conditions, 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.
The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
Governing Law; Dispute Resolution; Arbitration
The laws of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail, you agree that all claims, disputes, or controversies against the Company arising out of these Terms and Conditions, or the purchase of any products or 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 the Company agree in writing, and the arbitrator shall apply New York 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 that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions 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 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.
Freshnss.com 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 freshnss.com. We make no representations regarding the legality of freshnss.com in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.
Should you have any questions regarding these Terms and Conditions please contact us.