Last Modified: January 21, 2013

Acceptance of Terms of Use

  1. Welcome to the website of Get Fresh ("Get Fresh", "we" or "us"), a social product testing platform where users compete for the chance to try innovative new products for free by promoting products through their social networks. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.getfresh.com, including any content, functionality and services offered on or via www.getfresh.com (the "Site") from time to time, whether as a guest (if you browse pages on the Site without creating a user account) or as a registered member of the Get Fresh user community (if you have created a user account).
  2. Please read these Terms of Use carefully before you begin using the Site. By using the Site or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://getfresh.com/privacy_policy (our “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Site.
  3. This Site is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions.. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Get Fresh and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

  1. We reserve the right to withdraw or modify the Site, and any services or products that we make available on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or any services or products become unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
  2. You are responsible for:
    • Making all arrangements necessary to access the Site.
    • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
  3. When you create a user account on the Site, you may be asked to provide certain registration information, which may include your user information for Facebook and/or other third party websites. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to create an account on the Site or otherwise, including but not limited to through the use of any interactive features or services on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  4. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  5. These Terms of Use will remain in full force and effect while you use the Site and/or have a user account for the Site. You may terminate your participation in the Get Fresh community at any time, for any reason by deleting your account at http://getfresh.com/dashboard or by contacting us at: support@getfresh.com. We reserve the right to restrict your access to the Site or disable your user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

  1. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Get Fresh, 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.
  2. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You must not:
    • Modify copies of any materials from the Site.
    • 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 the Site.
  3. You must not access or use for any commercial purposes any part of the Site or any services or materials made available through the Site. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@getfresh.com.
  4. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will cease 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 the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved by Get Fresh. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Get Fresh name, Get Fresh logo and all related names, logos, product and service names, designs and slogans are trademarks of Get Fresh or its affiliates or licensors. You must not use such marks without the prior written permission of Get Fresh. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

  1. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
    • 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth below in these Terms of Use.
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
    • To impersonate or attempt to impersonate Get Fresh, a Get Fresh employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Get Fresh or users of the Site or expose them to liability.
  2. Additionally, you agree not to:
    • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
    • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
    • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Site.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
    • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Site.

User Contributions

  1. The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards 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 the Site. All User Contributions must comply with the Content Standards set forth below in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any and all purposes.
  2. You represent and warrant that:
    • You own or control all rights in and to the User Contributions and have the right to grant the license 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 of Use.
  3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Get Fresh, have fully 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 the Site.

Monitoring and Enforcement; Termination

  1. We have the right to:
    • Suspend, remove, or blacklist a user for any reason.
    • 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 these Terms of Use, 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 Site or the public or could create liability for Get Fresh.
    • 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 the Site.
    • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
  2. Without limiting the foregoing, we have the right to fully cooperate 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 the Site. YOU WAIVE AND HOLD HARMLESS GET FRESH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GET FRESH OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GET FRESH OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  3. However, we cannot review all material before it is posted on the Site, 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.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which 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, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • 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 organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising without Get Fresh’s prior written consent.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Protecting Users’ Intellectual Property Rights

If you believe that any User Contribution infringes, misappropriates or violates any of your or another persons’ patent, trademark, trade secret, copyright or other intellectual property or other rights, please send notice to us immediately at: support@getfresh.com with the following information: (a) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (c) your contact information in case we need to ask you any additional questions or gather more information, such as your email address, telephone number, and/or other information where you might reasonably be reached; (d) an affirmation by you that you have a good faith belief that the use of the work in question is not authorized by the copyright owner, its agent, or applicable law; (e) a statement by you that all of the above (and any other information) you provide in your notification is accurate and that either you are the copyright owner or authorized to act on the copyright owner's behalf, or that you have provided accurate information regarding the relevant copyright owner (including his or her contact information) with whom we may contact. It is the policy of Get Fresh to terminate the user accounts of repeat infringers.

Reliance on Information Posted

  1. The information presented on or through the Site is made available solely for general information purposes. 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 the Site, or by anyone who may be informed of any of its contents.
  2. This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 Get Fresh, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Get Fresh. 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.

Changes to the Site

We may update the content on the Site from time to time, but do not represent or warrant that the Site’s content is necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Links from the Site

All third party links and resources we make available on the Site are provided for your convenience only. Such links and resources may include links to our partners’ sites where you may view and purchase products we feature on the Site, as well as links contained in advertisements, including banner advertisements and sponsored 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. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site is based in the state of California] in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Activity-Based Benefits, Rules, Disqualification, and Suspension

Get Fresh will grant users certain privileges and benefits based on a user’s level of promotional or other involvement in the Site’s various product campaigns and programs in which that user chooses to participate. Users with high levels of promotional or other involvement in Site campaigns and program will have a higher probability of being selected to receive the relevant product(s) for use, which shall be in accordance with these Terms of Use. Notwithstanding anything to the contrary, Get Fresh reserves the right to determine which, if any, benefits a user is eligible to receive in its sole discretion.

Users receive points towards products for performing certain activities on the site. A user's points will be displayed on a product leaderboard. Users with the most points, as reflected by a product's leaderboard, may receive that product to test and keep or to try for a designated period. However, Fresh does not guarantee shipment of a product to any user.

One of the principal ways users receive points is by sharing their special link. Users are allowed to post their special links through various social media outlets and on their own blogs.

Fresh reserves the right to disqualify and suspend certain members at any time and for any reason. However, members who do the following are likely to be disqualified and removed from active competitions:

  • register with multiple accounts;
  • post links on contest, sweepstakes, or "freebie" message boards, forums and the like;
  • use a pseudonym;
  • invite multiple users with unverified Facebook accounts;
  • do not return products on time;
  • do not write reviews of products they've been given to test.

Users who are suspected by the community or by Fresh to be in violation of any of the above rules, may be suspended for a period of time that allows Fresh to determine whether the user has violated any rules (the "Investigation"). At the conclusion of the Investigation and assuming a user is not in violation of the "Rules", Fresh may reinstitute a user's standing on a leaderboard and reinstitute the points a user had prior to Fresh's Investigation.

No Guarantee of Product Shipment; Product Returns

  1. Due to the nature of shipping products, Get Fresh cannot guarantee the condition of products shipped or that you will actually receive the products that you have elected to receive. Although Get Fresh and its partners make all attempts to ship products in a timely manner, we cannot guarantee a specific timeframe due to the nature of the shipping and fulfillment industry.
  2. Get Fresh and its partners reserve the right to require at any time that you return any of the products that you have received through use of the Site. In the event that Get Fresh or any of its partners desires that you return a product, you will be provided notice via email.

Products Not Intended for Resale; Product Reviews

  1. Products offered through the Site are not intended for resale, and you must not at any time (whether directly or indirectly) sublease, lease, assign, sell, loan, distribute, rent, transfer or grant any rights in or to such products to any third party without Get Fresh’s prior written consent. Any violation (as determined solely by Get Fresh) of this provision by you may result in removal from the applicable product promotion or compaign, or from the Site in general.
  2. As a condition of your use of the products offered through the Site, you are required to provide feedback regarding the product as requested by Get Fresh or its applicable partner, including but not limited to functionality of the product, suitability of the product for your particular consumer needs, and/or whether you’d recommend the product to friends. You hereby agree to provide all requested feedback for each product you receive in the manner and within the time-frame requested by Get Fresh or its applicable partner.

Disclaimer of Warranties

  1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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. 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
  2. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GET FRESH NOR ANY PERSON ASSOCIATED WITH GET FRESH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENTS OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER GET FRESH NOR ANYONE ASSOCIATED WITH GET FRESH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE 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 THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  3. GET FRESH 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL GET FRESH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Get Fresh, 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 of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Venue

  1. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
  2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of San Francisco and County of Santa Clara although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Get Fresh of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Get Fresh to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy and any offers and agreements you may receive and agree to constitute the sole and entire agreement between you and Get Fresh, Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

The Site is operated by Get Fresh, Inc., with a principal place of business at:

181 Fremont St.

San Francisco, CA 94105


All notices of infringement claims should be sent to support@getfresh.com in the manner and by the means set forth herein. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@getfresh.com.

Thank you for visiting www.GetFresh.com.

 

 

Date of Last Revision: November 14, 2012

Get Fresh, Inc. ("Get Fresh, Inc.", "Get Fresh", "fresh", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.getfresh.com (this "Site") and our corresponding applications for mobile devices (the "Applications"). This Privacy Policy applies only to information that you provide to us through the Site and Applications. This Privacy Policy may be updated from time to time. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service, accessible at http://www.getfresh.com/terms.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Personally Identifiable Information

When you register with us through the Site or Applications to become a Member of fresh, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features. You can register to join Fresh via the Site or Applications or by logging into your account with certain third party social networking sites ("SNS") (including Facebook and Twitter) via our Site. If you decide to create your Account by logging into a SNS via the Site, we may extract the Personal Information you have provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) from the account you have with such SNS and use that information to create your Account; the information we extract may depend on the privacy settings you have with the SNS.

We use your Personal Information mainly to provide the Service and administer your inquiries. We will create your Account for your use of the Site and Applications based upon the Personal Information you provide and you will become a Member of Fresh.

We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage on Fresh (e.g., without limitation, age and individual preferences) ("Non-Identifying Information").

We use your Personal Information (in some cases, in conjunction with your NonIdentifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Fresh Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Applications and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Fresh newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information. (See "Changing or Deleting Information," below.)

Log Data. When you visit the Site or Applications, whether as a Member or a nonregistered user just browsing (any of these, a "Fresh User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We may use this information to monitor and analyze use of the Site, Applications and the Service and for the Site and Applications’ technical administration, to increase our Site and Applications’ functionality and user-friendliness, and to better tailor our Site and Applications to our visitors’ needs. For example, some of this information is collected so that when you visit the Site and Application again, it may recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site and Application meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other NonIdentifying Information.

Cookies

Like many websites, our Site and Applications use "cookies" to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Applications. Second, we utilize session ID cookies to enable certain features of the Site and Applications, to better understand how you interact with the Site and Applications and to monitor aggregate usage by Fresh Users and web traffic routing on the Site and Applications. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Applications and Service and then close your browser. Third party advertisers on the Site and Applications may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site and Applications or all functionality of the Service.

Information Sharing and Disclosure

Fresh Users. When you register through the Site and Applications and submit Personal Information to create a profile or visual collection, Fresh Users may see your name. If you choose to provide additional Personal Information in your profile, Fresh Users may see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with Fresh Users. We recommend that you guard your sensitive information.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Applicationrelated services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site and Application’s features) or to assist us in analyzing how our Site, Applications and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Social Networking Sites. We may share the information in your account (including your Personal Information) with the SNSs that you have linked to your account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.

Facebook Connect. We allow users to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by logging into their profile and selecting the option to disable Facebook Connect. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook by making selections in your “Edit Profile” settings via the Site and Applications.

Compliance with Laws and Law Enforcement. Get Fresh, Inc. may cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Get Fresh, Inc. or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers. Get Fresh, Inc. may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their Account by contacting us or by editing such profile via the Site and Applications. If you completely delete all such information, then your Account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

We may make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site or via the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to and stored on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Get Fresh, Inc. transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Site and Applications may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Site and Applications are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@getfresh.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at info@getfresh.com.