Terms and Conditions of Use

Limitations of Liability and Indemnification. By using any services provided by Fresh Street, you agree that in no event will Fresh Street, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Fresh Street or Company shall be a return of any fees paid to Fresh Street or Company for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Fresh Street, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Fresh Street, including any breach by you of the Terms contained in this Agreement.These Terms and Conditions of Use ("Terms") is a legal agreement between you and Fresh Street, LLC (hereinafter referred to as "Company), the owner and developer of Fresh Street.

By registering for an account or purchasing any product or service provided on Fresh Street you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY FRESH STREET SERVICE. The Terms are subject to change at any time, effective upon notice to you.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [CODAL ENTER TOS FRESH STREET URL]. FRESH STREET RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU

  1. Limitations of Liability and Indemnification. By using any services provided by Fresh Street, you agree that in no event will Fresh Street, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Fresh Street or Company shall be a return of any fees paid to Fresh Street or Company for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Fresh Street, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Fresh Street, including any breach by you of the Terms contained in this Agreement.2.
  2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on Fresh Street. You understand that Fresh Street and Company do not perform psychological testing or background checks on the individuals who may use the Fresh Street services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Fresh Street, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
  3. Do Not Rely on Fresh Street. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Fresh Street or Company. Fresh Street and Company do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
  4. Warning re: Offensive Information. It is possible that other Fresh Street clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Fresh Street, have access to personal information about you. Fresh Street, Company, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
  5. Right to Monitor. Fresh Street and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
  6. Confidentiality. It is agreed that all personal information given to Fresh Street or Company, will be kept confidential by Fresh Street and Company, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by Fresh Street, in which case the confidentiality clause contained in this Agreement is rendered null and void
  7. Ownership, Copyrights, Trademarks, Licenses. Fresh Street and Company own and retain all proprietary rights to the Fresh Street service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Fresh Street and Company. By posting information to Fresh Street and Company you represent that you have the right to grant permission for use by Fresh Street and Company. 8.No Warranties. Fresh Street and Company provide the Fresh Street services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Fresh Street and Company do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected. 9.** Jurisdiction.** This Agreement or any dispute arising from this Agreement is governed by the laws of [state], without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the [chosen venue], and you hereby consent to the jurisdiction of any such court.
  8. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
  9. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on Fresh Street will be truthful. In accessing and using Fresh Street, you understand and agree that basic information concerning you, given to Fresh Street, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
  10. Entire Agreement. This Agreement constitutes your entire Agreement with Fresh Street and Company with respect to any services. 13.** Waiver. **The failure of Website or Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Company must be in writing and signed by an authorized representative of the Company.