2. Website Content. The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information available on or received from this Website. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. In addition, the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. You should always check the ingredients for products to avoid potential allergic reactions as Fresh may change ingredients from time to time. Fresh does not give or intend to give any answers to medical-related questions and this Website does not replace any medical professional or medical resource. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
3. Product Information and Pricing. We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website. Any orders placed via the Website are not considered accepted until we have shipped the order. We cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.
4. Colors. We try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.
6. Trademarks. The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Fresh and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
10. Links to and from the Website. If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website. You are not permitted to use any linking method whereby the Content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website. You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Fresh. Links to Linked Sites do not constitute an endorsement or sponsorship by Fresh of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Fresh is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.
You represent and warrant that: (a) you are at least 13 years old; (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any "moral rights" in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Fresh employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.
When writing a review for the Ratings & Review, please consider the following guidelines:
• Focus on the product and your individual experience using it;
• Provide details about why you like or dislike a product; and
You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.
13. Digital Millennium Copyright Act
If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Fresh's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• 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.
Fresh’s DMCA designated copyright agent for notice of claims of copyright infringement on the Website is our Legal Counsel, Nick Barnhorst, who can be reached as follows:
130 5th Avenue, 10th Floor
New York, NY 10011
14. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND/OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FRESH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, FRESH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH FRESH OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY FRESH “AS IS.” THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND FRESH OR ITS LICENSOR OR SUPPLIER.
16. Applicable Laws. This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County.
17. Viruses, Hacking And Other Offenses. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. 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 our Website or to your downloading of any material posted on it, or on any website linked to it.