Terms & Conditions
April 18, 2019
Please read these terms and conditions
Modification to Terms and Conditions
Fresgo reserves the right at any time to update, modify or revise these terms and conditions. Any change will become effective upon posting the updates, changes, revisions or modifications. Your continued us of the Fresgo Site or Services after any such revisions indicates your acceptance of the terms and conditions as revised. You are responsible to regularly review our terms and conditions.
Use of our Online Services
Online Services and all content (“Content”), including but not limited to text, images, graphics, designs, photographs, illustrations, pictures and video/audio files is owned or licensed by Fresgo and are protected by copyright, trademark and other intellectual property rights under the United States and foreign laws. You may not use, copy, reproduce, transmit, modify, amend, create derivative works, sell, distribute, republish, upload, download, post or exploit Content without the prior written consent of Fresgo. Such action violates Fresgo’s intellectual property and any other rights under the applicable laws.
Links to Third Party Sites and Social Media Pages
Fresgo may on occasion provide links to third-party websites and social media platforms, such as Twitter, Instagram and Facebook. Linked sites are made available you’re your convenience. Unless otherwise specified, Fresgo does not operate or control any information, products, or services on these third party websites. Fresgo does not state and expressly disclaims that it has the consent of third parties operating such websites to provide a link or pointer to such websites. Fresgo does not endorse and is not responsible for the accuracy or reliability of any site to which any of the Services is linked or any opinion, content, advice, statement or information made or provided in any such third-party site.
You agree to indemnify, defend, and hold harmless Fresgo, its providers, and its officers, directors, shareholders, employees, agents, successors, members and distributors from any and all claims, demands, losses, liabilities, costs and/or expenses, including attorneys’ fees, that arise out of or in connection with Your use or activities relating to (1) Your use of the Services; (2) Your on-line activities in connection with the Services; (3) Your violation or breach of these Terms; (4) Your failure to comply with applicable laws or regulations in connection with the Services.
Fresgo makes no representations or warranties regarding the online services and content.
We do not warrant that the online services or materials will be error-free, uninterrupted, or free of viruses or other harmful components, or that any defects will be corrected.
We make no representations or warranties regarding the use of Fresgo online services or materials, programs, features, and services made available through the online services, or the results obtained therefrom, including, without limitation, as to accuracy, timeliness, reliability, or otherwise.
The online services and materials, programs, features, and services made available through the online services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, we hereby disclaim all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, or fitness for any particular purpose. We disclaim any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, or the like (“providers”) in connection with or related to your use of Fresgo online services and materials programs, features, and services made available through the online services.
Limitations of Liability
In no event shall we or any of our providers be liable to any person for damages of any kind, under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use of or inability to use the online services and materials, programs, features, and services made available through the online services, even if we have been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
Dispute Resolution, Arbitration Clause And Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Our hope is to resolve any issue You may have with the Services before needing a formal legal case. You agree that whenever you have a dispute with Fresgo arising from, connected to, or in any way related to these Terms, you will try and resolve the dispute first by contacting Fresgo Customer Service or by mailing the Demand details to: Fresgo, Attn: Legal Department, 25 Valley St., Pasadena, CA 91101.
You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (“AAA” or “the “Arbitrator”). You agree that disputes between you and Fresgo (whether such disputes involve a third party) relating to these Services will be resolved by binding arbitration. This arbitration provision limits the ability of you and Fresgo to litigate claims in court and you and Fresgo each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. Arbitration will be held in Los Angeles County, CA.
You agree that you will not file any lawsuit against Fresgo in any state or federal court. You agree that if you do sue in state or federal court, and Fresgo brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Fresgo in court, including reasonable attorney’s fees. You and Fresgo agree that any judicial proceeding (other than small claims actions as described herein) will be brought in the Federal or State courts of Los Angeles, CA. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Fresgo. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Fresgo, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Fresgo agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Fresgo agrees that we will submit all disputes with you to arbitration before the Arbitrator.
These Terms constitute the entire agreement between you and Fresgo. They govern your use of the Services and supersede all previous written or oral agreements between you and Fresgo with respect to the Services. These Terms will be governed by the laws of the State of California, U.S.A., notwithstanding any conflicts of laws principles. The failure of Fresgo to enforce a provision is not a waiver of its right to do so later. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full force and effect. You may not assign any of Your rights under these Terms, and any such attempt will be void. Fresgo may assign its rights to any successor in interest of any business associated with the Services. Nothing contained in this agreement shall create any association, partnership, or agency or joint venture between Fresgo and You.
The failure of Fresgo to comply with these Terms because of an act of God, war, fire, riot, terrorism, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Fresgo shall not be deemed a breach of this agreement.
If you have any questions relating to our Terms and Conditions, please contact:
Attn: Mike Mirkil
25 Valley St.
Pasadena, CA 91101