Last Modified: January 21, 2013
- 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.
Accessing the Site and Account Security
- 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.
- You are responsible for:
- Making all arrangements necessary to access the Site.
- 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.
Intellectual Property Rights
- 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.
- 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.
- 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: email@example.com.
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.
- 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 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.
- 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.
- 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.
- 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
- We have the right to:
- Suspend, remove, or blacklist a user for any reason.
- 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.
- 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.
- 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.
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.
- 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: firstname.lastname@example.org 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
- 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.
- 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
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.
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
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
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
Governing Law and Venue
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Site is operated by Get Fresh, Inc., with principal place of business at:
181 Fremont St.
San Francisco, CA 94105
All notices of infringement claims should be sent to email@example.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: firstname.lastname@example.org.
Thank you for visiting www.GetFresh.com