Areas of the Site may have different Terms of Use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
The Site is not available for use by minors (those under 18 years of age), or individuals or organizations that cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulations, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.
Description Of Services
This Site provides a service (“Service”) whereby The Fresh Peel describes its businesses, products, capabilities and news.
Notwithstanding the above, any offer of free samples and/or shipping may be changed or withdrawn at any time and without notice and for any reason.
Consideration and Access
The consideration for this agreement shall be the mutual representations and promises we exchange in these Terms of Use, and the provision of the Service. The Fresh Peel, in its sole and exclusive discretion, shall have the right at any time and for any reason, or no reason, to refuse access to this Site to any individual or entity. Under no conditions without the express written consent of The Fresh Peel may any material on this website be copied or reproduced in any form or for any reason. Such duplication of the Site or Services offered herein is expressly forbidden and subject to civil and criminal penalties as determined by United States Law and International Treaties. Such theft of our site is an unacceptable use of our site and The Fresh Peel will seek to prosecute such a theft to the fullest extent allowable by law.
Ownership and Limited License
The Fresh Peel shall retain all ownership in the Site and all content generated by it that is displayed on the Site. The Fresh Peel grants you a nonexclusive, revocable right to use the Site provided that you do not:
- (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
- (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify the content that you have generated on the Site.
You agree that The Fresh Peel shall not be liable to you for any modification or discontinuance of the Site and The Fresh Peel may discontinue the Site and the Service without any notice to you. You also agree not to provide samples obtained from the Site to third parties or publish any information concerning such samples without obtaining permission from The Fresh Peel to do so.
Community Areas
If the Site publishes your content or contains public services, chat areas, news groups forums, communities and/or other message or communication facilities (collectively, “Community Areas”), you agree to use such Community Areas only to send and receive content, messages and other material that are relevant and proper to the applicable forum. By way or example, and not as limitation, you agree not to: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) or others; publish, post, upload, distribute or information; use the Site in violation of local, state, national or international law; upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party; upload files that contain viruses, corrupted files, or another similar software or programs that may damage the operation of another’s computer; advertise or offer to sell any goods or services for any commercial purpose on the Site that are not relevant to the Services offered on the Site; conduct or forward surveys, contests, pyramid schemes or chain letters; impersonate another person or allow any other person or entity to use a member’s identification to post of view comments’ post the same note repeatedly (referred to as ‘spamming’ which is strictly prohibited); restrict or inhibit any other member from using and enjoying the Community Areas.
Information, Product Use and Recommendations
Although the information and recommendations at this Site (hereinafter “Information”) are presented in good faith and believed to be correct, The Fresh Peel makes no representations or warranties as to the completeness or accuracy of Information. Information is supplied upon the condition that the persons receiving same will make their won determination as to its suitability for their purposes prior to use. In no event will The Fresh Peel be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers.
Maps and Locations
Address locations of various The Fresh Peel sites are provided in this Web Site. Certain of these locations may have been supplemented with functionality under public license from another source, that allow you to access and view a variety of content, including but not limited to, photographic imagery, map and terrain data, business listings, reviews, traffic, directions, and other related information (Map Content). You understand and agree to the following:
- Map content is provided for planning purposes only. You may find that certain Map Content is simply wrong, outdated and/or no longer applies, and that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the amp results. You should exercise judgment in your use of and reliance upon this Content.
- Map Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed thereto. You may be held liable for any unauthorized copying or disclosure of this Content.
This site has been designed to provide general information about The Fresh Peel and its products. This site is not intended to provide any instruction on the appropriate use of products produced and supplied by The Fresh Peel. All recommendations for handling, storage or use of products, whether given in writing, orally, or to be implied from the results of tests, are based on the state of The Fresh Peel’s knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of such products must make your own determination and satisfy yourself that the products supplied by The Fresh Peel and the information and recommendations given by The Fresh Peel are:
- (i) suitable for the intended process or purpose,
- (ii) are in compliance with environmental, health and safety regulations, and
- (iii) Will not infringe any third party’s intellectual property rights.
Disclaimer of Warranties And Limitation of Liabillity
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FRESH PEEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KINDS, WHETER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR INTELLECTUAL PROPERY. AMONG OTHER MATTERS, THE FRESH PEEL MAKES NO WARRANTY AND HERBY DISCLAIMS ANY WARRANTY THAT:
- THE SITE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS,
- THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVED WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS ON THE SITE OR SERVICES WILL BE CORRECTED.
ANY CONTENT OR PRODUCTS, DOWNLOADED OR ORDERED, RESPECTIVELY, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM THE FRESH PEEL, FROM A THE FRESH PEEL EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OR USE. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO ANY DAMGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF A THIRD PARTY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE FRESH PEEL’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER THE FRESH PEEL’S NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (COLLECTIVELY THE FRESH PEEL ASSOCIATES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FRESH PEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE, SERVICES, OR PRODUCTS,
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES, OR
- ANY OTHER MATTER RELATING TO THE SITE, SERVICES, PRODUCTS, LINKS, THIRD PARTY WEB SITES, AND CONTENT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FRESH PEEL’S, NOR THE FRESH PEEL ASSOCIATE’S, CUMULATIVE AND AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID TO YOU UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL DATE OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE FRESH PEEL NOR ANY THE FRESH PEEL ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TERMINATION OF THIS AGREEMENT WITH THE FRESH PEEL IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH THE FRESH PEEL.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
Harmful Substances
PLEASE NOTE THAT PRODUCTS MADE AVAILABLE AT THIS SITE WHETHER USED ALONE, OR WHEN USED WITH BIOLOGICS OR CHEMICALS, CAN BE MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERAKE SUCH USE AT YOUR OWN RISK AND AGREE TO EXERCISE REASONABLE CARE AND COMMON SENCE REGARDING THE SAME, E.G., SUCH PRODUCTS SHOULD NOT BE EATEN, INHALED, SMOKED, AND THE LIKE.
Other Contracts and Indemnification
You agree that you will not disclose to The Fresh Peel or its affiliates any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell. Should your participation in the Service be found to breach legal obligations you may have with other third parties, you agree to defend, indemnify and hold harmless The Fresh Peel, its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting frees, arising in the connection with your use of the Site or resulting from, or alleged to result from, your use of the Service or products obtained therefrom.
Trademarks
The trademarks, logos and service marks (collectively, the “Trademarks”) used or mentioned on this site are registered and unregistered trademarks or The Fresh Peel and other third parties and are legally protected. Be aware that certain product names are trademarks, even if not specifically mentioned. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or the Trademarks without the express written permission of The Fresh Peel or such other third party. Your misuse of the Trademarks on this site and in its conditions is strictly prohibited.
Copyright
All content included on this site, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, HTML code, XML code, and icons, is property of The Fresh Peel and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of The Fresh Peel and protected by U.S. and international copyright laws. All software used on this Site is the property of The Fresh Peel or its software suppliers and protected by United States and international copyright laws. Unless stated otherwise in the Terms of Use applicable to this Site, use of any material appearing on this Site is prohibited without the prior written consent of The Fresh Peel.
Information Concerning Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts, updates or other information from the Site concerning you should take particular care to review the foregoing sections on Disclaimer of Warranties and Limitation of Liability. Such Services are for informational purposes only, and no such information or Content is intended for trading or investing purposes. The Fresh Peel will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information.
International Use
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including all laws, rules, codes and regulations of the country in which you reside. In addition, you agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Third Party Reliance
You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of The Fresh Peel. This agreement shall have no third party beneficiaries.
Miscellaneous
You agree not to utilize or attempt to utilize the servers on which the Site is hosted in any surreptitious manner, including, without limitation, for denial-of-service attacks, nor to take any action that could be considered detrimental to the functioning of the Site. You agree not to intentionally mislead The Fresh Peel as to your identity or through any of you actions, including through your participation in a Community Area or in the acquisition of a product offered at this Site. Nothing in this Agreement shall be construed as making you the partner, joint, venture, agent, legal representative, employer, or employee or The Fresh Peel. You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind or to take any actions that shall be binding on the Agreement shall be interpreted in accordance with the laws of the State of new York, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Washington D.C. This Agreement will be binding on and will injure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between The Fresh Peel and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by The Fresh Peel with respect to the subject matter except as set forth herein.
No Assignment
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
Term of Agreement
This Agreement will become effective immediately upon any use by you of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or e-mail notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, The Fresh Peel may terminate this Agreement immediately for any reason.
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