TERMS & USE

 

 

1.INTRODUCTION

.

THESE WEBSITE STANDARD TERMS AND CONDITIONS (THESE “TERMS” OR THESE

“WEBSITE STANDARD TERMS AND CONDITIONS”) CONTAINED HEREIN ON THIS

WEBPAGE, SHALL GOVERN YOUR USE OF THIS WEBSITE, INCLUDING ALL PAGES

WITHIN THIS WEBSITE (COLLECTIVELY REFERRED TO HEREIN BELOW AS THIS

“WEBSITE”). THESE TERMS APPLY IN FULL FORCE AND EFFECT TO YOUR USE OF

THIS WEBSITE AND BY USING THIS WEBSITE; YOU EXPRESSLY ACCEPT ALL TERMS

AND CONDITIONS CONTAINED HEREIN IN FULL. YOU MUST NOT USE THIS WEBSITE,

IF YOU HAVE ANY OBJECTION TO ANY OF THESE WEBSITE STANDARD TERMS AND

CONDITIONS.

THIS WEBSITE IS NOT FOR USE BY ANY MINORS (DEFINED AS THOSE WHO ARE NOT

AT LEAST 18 YEARS OF AGE), AND YOU MUST NOT USE THIS WEBSITE IF YOU A

MINOR.

 

2.INTELLECTUAL PROPERTY RIGHTS

.

OTHER THAN CONTENT YOU OWN, WHOM YOU MAY HAVE OPTED TO INCLUDE ON

THIS WEBSITE, UNDER THESE TERMS, FRSH COMPANY AND/OR ITS LICENSORS

OWN ALL RIGHTS TO THE INTELLECTUAL PROPERTY AND MATERIAL CONTAINED IN THIS

WEBSITE, AND ALL SUCH RIGHTS ARE RESERVED.

YOU ARE GRANTED A LIMITED LICENSE ONLY, SUBJECT TO THE RESTRICTIONS

PROVIDED IN THESE TERMS, FOR PURPOSES OF VIEWING THE MATERIAL CONTAINED

ON THIS WEBSITE,

 

3.RESTRICTIONS

.

YOU ARE EXPRESSLY AND EMPHATICALLY RESTRICTED FROM ALL OF THE FOLLOWING:

1.PUBLISHING ANY WEBSITE MATERIAL IN ANY MEDIA;

2.SELLING, SUBLICENSING AND/OR OTHERWISE COMMERCIALIZING ANY

WEBSITE MATERIAL;

3.PUBLICLY PERFORMING AND/OR SHOWING ANY WEBSITE MATERIAL;

4.USING THIS WEBSITE IN ANY WAY THAT IS, OR MAY BE, DAMAGING TO THIS

WEBSITE;

5.USING THIS WEBSITE IN ANY WAY THAT IMPACTS USER ACCESS TO THIS

WEBSITE;

6.USING THIS WEBSITE CONTRARY TO APPLICABLE LAWS AND REGULATIONS, OR

IN A WAY THAT CAUSES, OR MAY CAUSE, HARM TO THE WEBSITE, OR TO ANY

PERSON OR BUSINESS ENTITY;

7.ENGAGING IN ANY DATA MINING, DATA HARVESTING, DATA EXTRACTING OR

ANY OTHER SIMILAR ACTIVITY IN RELATION TO THIS WEBSITE, OR WHILE USING THIS

WEBSITE;

8.USING THIS WEBSITE TO ENGAGE IN ANY ADVERTISING OR MARKETING;

CERTAIN AREAS OF THIS WEBSITE ARE RESTRICTED FROM ACCESS BY YOU AND

FRSH COMPANY, MAY FURTHER RESTRICT ACCESS BY YOU TO ANY AREAS OF

THIS WEBSITE, AT ANY TIME, IN ITS SOLE AND ABSOLUTE DISCRETION.

ANY USER

ID AND PASSWORD YOU MAY HAVE FOR THIS WEBSITE ARE CONFIDENTIAL AND

YOU MUST MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.

 

4.YOUR CONTENT.

 

IN THESE WEBSITE STANDARD TERMS AND CONDITIONS, “YOUR CONTENT” SHALL

MEAN ANY AUDIO, VIDEO, TEXT, IMAGES OR OTHER MATERIAL YOU CHOOSE TO

DISPLAY ON THIS WEBSITE. WITH RESPECT TO YOUR CONTENT, BY DISPLAYING IT,

YOU GRANT FRSH COMPANY

A NON-EXCLUSIVE, WORLDWIDE, IRREVOCABLE,

ROYALTY-FREE, SUB LICENSABLE LICENSE TO USE, REPRODUCE, ADAPT, PUBLISH,

TRANSLATE AND DISTRIBUTE IT IN ANY AND ALL MEDIA.

YOUR CONTENT MUST BE YOUR OWN AND MUST NOT BE INFRINGING ON ANY THIRD

PARTY’S RIGHTS. FRSH COMPANY

RESERVES THE RIGHT TO REMOVE ANY OF

YOUR CONTENT FROM THIS WEBSITE AT ANY TIME, AND FOR ANY REASON,

WITHOUT NOTICE.

 

5.NO WARRANTIES

.

THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND FRSH COMPANY

MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY

KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE.

ADDITIONALLY, NOTHING CONTAINED ON THIS WEBSITE SHALL BE CONSTRUED AS

PROVIDING CONSULT OR ADVICE TO YOU.

 

6.LIMITATION OF LIABILITY

.

IN NO EVENT SHALL FRSH COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS

AND EMPLOYEES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY

WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, WHETHER SUCH LIABILITY IS

UNDER CONTRACT, TORT OR OTHERWISE, AND FRSH COMPANY INCLUDING ITS

OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT,

CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO

YOUR USE OF THIS WEBSITE.

 

7.INDEMNIFICATION

.

YOU HEREBY INDEMNIFY TO THE FULLEST EXTENT FRSH COMPANY

FROM AND

AGAINST ANY AND ALL LIABILITIES, COSTS, DEMANDS, CAUSES OF ACTION,

DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING

OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF ANY OF THE PROVISIONS OF

THESE TERMS.

 

8.SEVERABILITY

.

IF ANY PROVISION OF THESE TERMS IS FOUND TO BE UNENFORCEABLE OR INVALID

UNDER ANY APPLICABLE LAW, SUCH UNENFORCEABILITY OR INVALIDITY SHALL NOT

RENDER THESE TERMS UNENFORCEABLE OR INVALID AS A WHOLE, AND SUCH

PROVISIONS SHALL BE DELETED WITHOUT AFFECTING THE REMAINING PROVISIONS

HEREIN.

 

9.VARIATION OF TERMS

.

FRSH COMPANY IS PERMITTED TO REVISE THESE TERMS AT ANY TIME AS IT

SEES FIT, AND BY USING THIS WEBSITE YOU ARE EXPECTED TO REVIEW SUCH

TERMS ON A REGULAR BASIS TO ENSURE YOU UNDERSTAND ALL TERMS AND

CONDITIONS GOVERNING USE OF THIS WEBSITE.

 

10.ASSIGNMENT

.

FRSH COMPANY

SHALL BE PERMITTED TO ASSIGN, TRANSFER, AND

SUBCONTRACT ITS RIGHTS AND/OR OBLIGATIONS UNDER THESE TERMS WITHOUT ANY

NOTIFICATION OR CONSENT REQUIRED. HOWEVER, .YOU SHALL NOT BE PERMITTED

TO ASSIGN, TRANSFER, OR SUBCONTRACT ANY OF YOUR RIGHTS AND/OR OBLIGATIONS

UNDER THESE TERMS.

 

11.ENTIRE AGREEMENT

.

THESE TERMS, INCLUDING ANY LEGAL NOTICES AND DISCLAIMERS CONTAINED ON

THIS WEBSITE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN FRSH COMPANY

AND YOU IN RELATION TO YOUR USE OF THIS WEBSITE, AND SUPERSEDE ALL

PRIOR AGREEMENTS AND UNDERSTANDINGS WITH RESPECT TO THE SAME.

 

12.GOVERNING LAW & JURISDICTION

.

THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE

LAWS OF Puerto Rico, AND YOU SUBMIT TO THE NON-EXCLUSIVE

JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN Puerto Rico

THE RESOLUTION OF ANY DISPUTES.