FRESHO TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE.

Acceptance of Terms of Use

SIA Fresho (“Fresho”) makes this Website www.fresho.com and Fresho domains included within this Internet website (“Website”), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document (“Terms of Use”). By accessing and using this Website, using any Fresho services, downloading and/or purchasing any products, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Fresho services or visit Fresho’s or its affiliates’ websites or purchase any products or services of Fresho or any business affiliated with Fresho, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.

These Terms of Use may be amended by Fresho at any time. Such amended Terms of Use shall be effective upon posting on this Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Fresho reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Fresho reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

 

Term.

The term of this Term of Use (“Term”) shall begin when You start using the Website or services and shall continue in perpetuity unless otherwise terminated by Fresho by written notice.  Fresho expressly reserves the right to change, suspend or discontinue all the service or portion thereof, at any time, and may terminate Your use of the any service at any time provided on this Website. Without prejudice to any other rights, this Terms of Use will terminate automatically if You fail to comply with any of the limitations or other requirements described herein, including without limitation making payments for services provided to you on the Website.  Upon any termination or expiration of this Terms of Use, You must immediately cease using the services.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES PROVIDED TO YOU VIA THIS WEBSITE IN ANY WAY.

Fee; Payments.

All rights and privileges provided herein to You under this Terms of Use are subject to your compliance of all of the terms and conditions and payments of applicable Fee, if any, to Fresho, provided however, that Fresho expressly reserves the right to provide the services free of charge during the Term, and further provided, that Fresho, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar services for a fee or free of charge.  Fresho specifically reserves the right to use, images and/or materials provided or made available by you, advertising on its own behalf or on behalf of third parties.

Warranties and Disclaimers

Although care has been taken to ensure the accuracy of the information on this Website, Fresho assumes no responsibility therefor. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” FRESHO HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. FRESHO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FRESHO DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FRESHO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use of the services or the downloading or other use of any products through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Fresho assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any services or products offered through the Website. No advice or information whether oral or written, obtained by you from Fresho or from the Website shall create any warranty not expressly stated in the Terms of Use.

The Website may contain references to specific Fresho products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL FRESHO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FRESHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FRESHO PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO FRESHO IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Links to Other Sites and Third Party Materials

This Website provides links to other websites and/or third party products and services that are not under the control of Fresho (together, “Third Party Materials”). Fresho is not a provider or owner of goods and services available via such Third Party Materials, and therefore, Fresho shall not be responsible in any way for the content of such Third Party Materials. Fresho provides such links only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by Fresho of the content, products and/ or services of such Third Party Materials. PLEASE NOTE THAT ALL THIRD PARTY MATERIALS SHOULD BE IN ENGLISH. ANY THIRD PARTY MATERIALS, INCLUDING WITHOUT LIMITATION  POSTINGS, CLASSIFIEDS, WHICH CONTAIN “NON-LOCAL CONTENT,” “AFFILIATE MARKETING,” “MLM (MULTI-LEVEL-MARKETING),” “’GET-RICH-QUICK’ SCHEMES”, “LINK REFERRAL CODE,” “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” “ADULT CONTENT,” OR ANY CONTENT THAT REQUIRE ANY TYPE OF MONETARY INVESTMENT BY JOB SEEKER, OR ANY OTHER CONTENT THAT COULD BE CONSIDERED AS UNSOLICITED COMMERCIAL ADVERTISEMENT, OR POSTINGS ARE STRICTLY PROHIBITED AND ARE DEEMED A MATERIAL VIOLATION OF THIS AGREEMENT. OUR USES ARE ENCOURAGED TO NOTOFY US OF ANY SUCH ABUSES.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rest with Fresho and/or its licensors. Unless otherwise specifically provided herein or authorized by Fresho in writing, all rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Products or its Services. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Fresho is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Fresho hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein or otherwise provided on this Website are the properties of their respective owners. Fresho disclaims any proprietary interests in the intellectual property rights other than their own.

Feedback

You may from time to time provide suggestions, comments or other feedback to Fresho with respect to any product, material, software or information provided by Fresho (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Fresho. However, Fresho shall not disclose the source of any feedback without the providing party’s consent. Fresho shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any Fresho’s privacy policies posted on this Website.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fresho’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Fresho and its affiliates that your copyrighted material has been infringed.

•    An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
•    A description of the copyrighted work that you claim has been infringed upon;
•    A description of where the material that you claim is infringing is located on the Website;
•    Your address, telephone number, and e-mail address;
•    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Fresho’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Name: SIA Fresho
Address: fresho@fresho.com

Information and Materials Provided By You

Unless otherwise specifically provided herein or authorized by Fresho in writing, any materials or information submitted to, sent through or in connection with this Website by you (“User Materials”), will be treated as non-confidential and non-proprietary, and immediately become the property of Fresho, subject to any privacy policies posted on this Website. Fresho may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

Software

Software made available for downloading from or through this Website is licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Fresho. You must agree to the terms of the applicable end user license agreement prior to use of the Products made available by Fresho through this Website.

Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by Fresho in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its Products or Services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. FRESHO HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, Fresho makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.


Publicly-Edited Sections


This Website may contain pages or sections which may be edited by and are visible for all visitors of this Website, including but not limited to forums, chats, guestbooks, comments, image galleries, Wikis and classifieds (“Publicly-Edited Sections”). Any notes, postings, ideas, suggestions, concepts, or other material submitted to Publicly-Edited Sections will become the property of Fresho and Fresho shall be entitled to use such material for any type of use whatsoever in perpetuity, including in any media whether now known or hereafter devised.

Discretion should be used in entering personally identifiable information within Publicly-Edited Sections, as it may be collected by third parties. Use of personally identifiable information contained in the Publicly-Edited Sections, and your options regarding our use of this information, are subject to Fresho’s privacy policies posted on this Website.

Fresho reserves the right to modify and/or delete any message submitted to the Publicly-Edited Sections, at its sole discretion, at any time and for any reason, including, but not limited to material which in Fresho’s opinion:

(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Fresho’s websites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website;
(I) contains information on or link to websites that may be reasonably considered as Fresho’s competitors;
(J) contains link to a website that (i) does not correspond to the content of a relevant posting; (ii) or require a registration for access to the website; or (iii) provides only pay access to relevant information; or
(K) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.


Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that you will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Fresho to all users of this Website. You shall not institute, assist, or become involved in an attack upon any Fresho server or otherwise attempt to disrupt the Fresho servers. ANY ATTEMPT BY YOU TO DAMAGE FRESHO SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF FRESHO IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FRESHO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Fresho, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Linking to the Website

Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Fresho endorses or sponsors the linker or its site, products or services. You must not use Fresho’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Fresho. Furthermore, you agree to remove the link at any time upon Fresho’s request.


Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Fresho.

Fresho does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

 

Refund Policy

The same terms and conditions shall apply to chargeable services. If a person has violated the terms of use, the paid service will be terminated and money will not be returned. Fresho.com shall not be liable for the losses caused to other people by the person concerned.

If the service has been purchased, but not delivered in accordance with the provided service description, the user should contact us. Otherwise the service will be regarded as rendered. No repayment claims for services with expired deadline shall be considered. If the service provider reports the failure in service provision system, this failure shall be regarded as if occurred on the day it was reported, and relevant action plans shall be applied.

If the user has paid for the service that is already being rendered, and due to technical reasons it is no more available (home page is out of order, advertisement fails to appear among the highlighted ones etc.), the user should inform about the failure to access Fresho.com at: support@fresho.com. If the information on unavailable chargeable service is confirmed, the term for using paid services shall increase for the period from the moment unavailable service was reported until the problem is solved by Fresho.com. The prolonged term of paid service shall not exceed the remaining period of the paid service. In case it will not be able to prolong the pay-up time for the advertisement right after failure elimination due to technical reasons, it will be done as soon as possible upon client’s agreement. Should the advertisement loose its placement among promoted ads, Fresho.com will reimburse for the undelivered part of the paid service against the delivered time of the service. Repayment deadline shall be up to 20 working days since the day error was reported.

If a person has paid for a service which is not available at the exact moment, the service shall be rendered as soon as possible upon client’s agreement. If an ad looses its placement among promoted ads Fresho.com will refund the amount paid for undelivered service. Money shall be refunded within 20 working days as of the day of reporting the fault.

If the advertisement with paid service is deleted prior to reaching the deadline of activity, Fresho.com will consider this service as delivered and will not refund the rest of the amount for the period.
 

Questions may be submitted at jobs.fresho.com/contacts.html conacts. Please also have a look at our Privacy Policy at  jobs.fresho.com/privacy.html.

Copyright (c) 2007, SIA Fresho and its licensors. All rights reserved.