By Using The Website And The Services, You Represent And Warrant That You Are At Least 18 Years Old, Are A Resident Of The United States, And Are Otherwise Legally Qualified To Enter Into And Form Contracts Under Applicable Law. If You Are Using The Website Or Services On Behalf Of A Company, You Further Represent And Warrant That You Are Authorized To Act And Enter Into Contracts On Behalf Of That Company. This Agreement Is Void Where Prohibited.
Subject To Your Compliance With The Terms And Conditions Of This Agreement, Fresh Web Start Grants You A Non-exclusive, Non-sublicensable, Revocable As Stated In This Agreement, Non-transferable License To Use The Website And Services. Except As Expressly Set Forth Herein, This Agreement Grants You No Rights In Or To The Intellectual Property Of Fresh Web Start Or Any Other Party. In The Event That You Breach Any Provision Of This Agreement, Your Rights Under This Section Will Immediately Terminate.
6. Third-party Websites
7. Consent To Receive Email
By Establishing An Account With Fresh Web Start , You Consent To Receive Periodic Email Communications From Fresh Web Start Concerning Fresh Web Start‘s Products And Services, Including Without Limitation Fresh Web Start‘s Periodic Newsletter, Occasional Service Update Bulletins, And Summary Emails Regarding Scheduled Conferences Before And After They Are Complete.
8. Prohibited Uses
Fresh Web Start Imposes Certain Restrictions On Your Use Of The Website. You Represent And Warrant That You Will Not: (A) Violate Or Attempt To Violate Any Security Features Of The Website; (B) Access Content Or Data Not Intended For You, Or Log Onto A Server Or Account That You Are Not Authorized To Access; (C) Attempt To Probe, Scan, Or Test The Vulnerability Of The Website, Or Any Associated System Or Network, Or Breach Any Security Or Authentication Measures Without Proper Authorization; (D) Interfere Or Attempt To Interfere With The Use Of The Website Or Services By Any Other User, Host Or Network, Including, Without Limitation By Means Of Submitting A Virus, Overloading, “Flooding,” “Spamming,” “Mail Bombing,” Or “Crashing” The Website Or Infrastructure That Provides The Services. Any Violation Of This Section May Subject You To Civil And/Or Criminal Liability, And Fresh Web Start Reserves The Right To Cooperate With Law Enforcement In Any Investigation Of Any Violation Of This Or Any Other Section Of This Agreement.
9. Intellectual Property
The Website, All Content And Materials Located On The Website, And The Free Conferencing Infrastructure That Delivers The Services, Including Without Limitation The Fresh Web Start Name And Any Logos, Designs, Text, Graphics And Other Files, And The Selection, Arrangement And Organization Thereof, Are The Intellectual Property Of Fresh Web Start Or Its Licensors. Except As Explicitly Provided, Neither Your Use Of The Website And Services, Nor Your Entry Into This Agreement, Grant You Any Right, Title Or Interest In Or To Any Such Content Or Materials.
10. Disclaimers; Limitation Of Liability
(A) No Warranties
Fresh Web Start , On Behalf Of Itself And Its Licensors And Suppliers, Hereby Disclaims All Warranties Relating To The Website And Services. The Website And Services Are Provided “As Is” And “As Available.” To The Maximum Extent Permitted By Law, Fresh Web Start , On Behalf Of Itself And Its Licensors And Suppliers, Expressly Disclaims Any And All Warranties, Express Or Implied, Relating To The Website And Services, Including Without Limitation Any Implied Warranties Of Merchantability, For A Particular Purpose Or Noninfringement. Neither Fresh Web Start Nor Its Licensors Or Suppliers Warrants That The Website Or the Services Will Meet Your Requirements Or That The Operation Of The Website Or the Services Will Be Uninterrupted Or Error-free. Neither Fresh Web Start Nor Its Licensors Or Suppliers Has Any Liability Whatsoever In Connection With Your Use Of The Website Or Services. Additionally, Fresh Web Start Has Not Authorized Anyone To Make Any Warranty Of Any Kind On Its Behalf, And You Should Not Rely On Any Such Statement By Any Third Party.
(B) Your Responsibility For Damage
You Agree That Your Use Of The Website And the Services Is At Your Sole Risk. You Will Not Hold Fresh Web Start Or Its Licensors Or Suppliers, As Applicable, Responsible For Any Damage That Results From Your Access To Or Use Of The Website, Including Without Limitation Any Damage To Any Of Your Computers Or Data. The Website May Contain Bugs, Errors, Problems Or Other Limitations.
(C) Limitation Of Liability
The Liability Of Fresh Web Start And Its Licensors And Suppliers Is Limited. To The Maximum Extent Permitted By Law, In No Event Shall Fresh Web Start Or Its Licensors Or Suppliers Be Liable For Any Special, Incidental Or Consequential Damages (Including Without Limitation Lost Profits, Lost Data Or Confidential Or Other Information, Loss Of Privacy, Failure To Meet Any Duty Including Without Limitation Of Good Faith Or Of Reasonable Care, Negligence, Or Otherwise, Regardless Of The Foreseeability Of Those Damages Or Of Any Advice Or Notice Given To Fresh Web Start Or Its Licensors And Suppliers) Arising Out Of Or Relating To Your Use Of The Website Or Services. This Limitation Shall Apply Regardless Of Whether The Damages Arise Out Of Breach Of Contract, Tort, Or Any Other Legal Theory Or Form Of Action. Additionally, The Maximum Liability Of Fresh Web Start And Its Licensors And Suppliers To You Under All Circumstances Will Be $250. You Agree That This Limitation Of Liability Represents A Reasonable Allocation Of Risk And Is A Fundamental Element Of The Basis Of The Bargain Between Fresh Web Start And You. The Website And Services Would Not Be Provided Without Such Limitation.
The Above Disclaimers, Waivers And Limitations Do Not In Any Way Limit Any Other Disclaimer Of Warranties Or Any Other Limitations Of Liability In Any Other Agreement Or Agreements Between You And Fresh Web Start Or Between You And Any Of Fresh Web Start‘s Licensors And Suppliers. Some Jurisdictions May Not Allow The Exclusion Of Certain Implied Warranties Or The Limitation Of Certain Damages, So Some Of The Above Disclaimers, Waivers And Limitations Of Liability May Not Apply To You. Unless Limited Or Modified By Applicable Law, The Foregoing Disclaimers, Waivers And Limitations Shall Apply To The Maximum Extent Permitted, Even If Any Remedy Fails Its Essential Purpose. Fresh Web Start ‘s Licensors And Suppliers Are Intended Third-party Beneficiaries Of These Disclaimers, Waivers And Limitations. No Advice Or Information, Whether Oral Or Written, Obtained By You Through The Website Or Otherwise Shall Alter Any Of The Disclaimers Or Limitations Stated In This Section.
11. Indemnity By You
You Agree To Defend, Indemnify And Hold Harmless Fresh Web Start And Its Officers, Directors, Employees, Agents, Affiliates, Representatives, Sublicensees, Successors, Assigns And Contractors (Collectively, The “Fresh Web Start Parties”) From And Against Any And All Claims, Actions, Demands, Causes Of Action And Other Proceedings (Collectively, “Claims”), Including But Not Attorneys’ Fees And Costs, Arising Out Of Or Relating To: (I) Your Breach Of This Agreement, Including Without Limitation Any Representation Or Warranty Contained In This Agreement; Or (Ii) Your Access To Or Use Of The Website Or Services.
12. Governing Law; Jurisdiction And Venue; Interpretation
This Agreement, Including Without Limitation Its Construction And Enforcement, Shall Be Treated As Though It Were Executed And Performed In Naples Fl, And Shall Be Governed By And Construed In Accordance With The Laws Of The State Of Fl Without Regard To Its Conflict Of Law Principles. Any Cause Of Action By You Arising Out Of Or Relating To This Agreement Or The Website Must Be Instituted Within One (1) Year After It Arose Or Be Forever Waived And Barred. The Proper Venue For Any Judicial Action Arising Out Of Or Relating To This Agreement Or The Website Will Be The State And Federal Courts In Florida. The Parties Hereby Stipulate To, And Agree To Waive Any Objection To, The Personal Jurisdiction And Venue Of Such Courts, And Further Expressly Submit To Extraterritorial Service Of Process.
All The Payments Are Non Refundable.(Services Rendered, Setup Fees, Monthly Fees Etc). On The Contracts With Split Payments ( Credit) If You Decide To Terminate The Contract Before The Termination Date, the Customer Will Pay The Entire Agreement.
(A) By Fresh Web Start
Without Limiting Any Other Provision Of This Agreement, Fresh Web Start Reserves The Right To, In Fresh Web Start ‘s Sole Discretion And Without Notice Or Liability, Deny the Use Of The Website Or Services To Any Person For Any Reason Or For No Reason At All, Including Without Limitation For Any Breach Or Suspected Breach Of Any Representation, Warranty Or Covenant Contained In This Agreement, Or Of Any Applicable Law Or Regulation.
(B) Automatic Termination Upon Breach By You
This Agreement Shall Automatically Terminate In The Event That You Breach Any Of This Agreement Representations, Warranties Or Covenants. Such Termination Shall Be Automatic, And Shall Not Require Any Action By Fresh Web Start
(C) By You
You May Terminate This Agreement At Any Time, For Any Or No Reason At All, By Providing Fresh Web Start Notice Of Your Intention To Do So By Email Notice Through The Contact Us Form On The Website.
(A) Entire Agreement; Interpretation
This Agreement Constitutes The Entire Agreement Between Fresh Web Start And You Concerning Your Use Of The Website And Services. This Agreement May Only Be Modified By A Written Consent Signed By An Authorized Executive Of Fresh Web Start Or By The Unilateral Acceptance Of This Agreement By Fresh Web Start , As Further Specified In Section 3. The Language In This Agreement Shall Be Interpreted In Accordance With Its Fair Meaning And Not Strictly For Or Against Either Party.
(B) Severability Waiver
If Any Part Of This Agreement Is Held Invalid Or Unenforceable, That Part Will Be Construed To Reflect The Parties’ Original Intent, And The Remaining Portions Will Remain In Full Force And Effect. A Waiver By Either Party Of Any Term Or Condition Of This Agreement Or Any Breach Thereof, In Any One Instance, Will Not Waive Such Term Or Condition Or Any Subsequent Breach Thereof.
This Agreement And All Of Your Rights And Obligations Thereunder Will Not Be Assignable Or Transferable By You Without The Prior Written Consent Of Fresh Web Start Notwithstanding The Foregoing, This Agreement Will Be Binding Upon And Will Inure To The Benefit Of The Parties, Their Successors And Permitted Assigns.
You And Fresh Web Start Are Independent Contractors, And No Agency, Partnership, Joint Venture Or Employee-employer Relationship Is Intended Or Created By This Agreement.
(E) Third-party Beneficiaries
Except For The Fresh Web Start Parties As And To The Extent Set Forth In Section 11, And Fresh Web Start ‘s Licensors And Suppliers As And To The Extent Expressly Set Forth In Section 12, There Are No Third-party Beneficiaries To This Agreement.