Terms of Service

Terms of Service

The FreshForm website is provided by FreshForm Interactive, Inc., a California corporation ("FreshForm", "we" "us" or "our"). These Terms of Service (the "Terms of Service") govern your access to and use of the www.freshform.com website (the "Website"). The term “you” or “your” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website. Access to the Website is subject to these Terms of Service and the Privacy Policy available on the Website.

Acceptance of Terms

This Terms of Service applies to all visitors and users of the Website and by visiting or using the Website, you agree to be bound by this Terms of Service. If you don't agree with any term or condition in this Terms of Service, please don't use the Website.

Website Content

You have a personal, non-transferable, non-exclusive right to access and use the Content on this Website subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website, whether created by us or provided by another person for display on the Website.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of services or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this Website, so long as the Content is used solely for internal informational purposes only. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written consent or the consent of such third party that may own the trademark or copyright of material displayed on this Website.

General Disclaimers

You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION,

FRESHFORM DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS. FreshForm makes no warranties of any kind regarding any sites to which

you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and FreshForm makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. FreshForm does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL FRESHFORM OR ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification

By using this Website, you agree to indemnify, hold harmless and defend FreshForm and its officers, directors, managers, employees, or affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) use of this Website, (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of FreshForm and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of Content submitted by users. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content on the Website. This license shall remain in effect until we delete the Content from our systems.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately. To be effective, the notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:
FreshForm Interactive, Inc.
2150 W Washington St #112
San Diego, CA 92110
(619) 260-1616
privacy@freshform.com

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

No Implied Endorsements

Unless specified otherwise, any reference to any third party or third party product or service shall not be construed as an approval or endorsement by FreshForm of that third party or of any product or service provided by that third party. Likewise, a link to any third party website or third party advertisement does not imply that we endorse or accept any responsibility for the content or use of such website. FreshForm does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion medium accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Severability

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Terms of Service

These Terms of Service constitute the entire agreement and understanding between the parties relating to the subject matter herein.

Notice

Except as explicitly stated otherwise, any notice required or permitted by this Terms of Service must be in writing. Any notice to FreshForm must be sent to privacy@freshform.com. Any notice to you may be given: (1) to the email address you provide to FreshForm; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to FreshForm, in which case notice will be deemed sufficient three days after the mailing date.

Miscellaneous

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Modifications to Terms of Service

We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service for revisions. Changes in the Terms of Service will be effective when posted. If FreshForm makes a material change, FreshForm will notify you here in this Terms of Service or by any other means we deem appropriate. FreshForm may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website after we have modified this posting will constitute your acceptance of any changes.

Contact

You may contact us at the following: privacy@freshform.com

Effective Date of Terms of Service: October 5, 2018

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