Terms & Privacy Policy

TERMS The Fresh Exchange is operated by Partner Design LLC, a Michigan Limited Liability Corporation company (the “Company”), which has created this Terms & Privacy Policy in order to demonstrate our firm commitment to protecting your personal information. The following discloses our information gathering and dissemination practices relating to the website located at www.freshexchange.com and related mobile applications and other services that we may make available from time to time to users (together, the “Services”). We will not share your personal information with anyone except as described in this Privacy Policy. By using the Services, you consent to the collection and use by us of any personal and other information you provide while using the Services in accordance with our Privacy Policy (this “Privacy Policy”). If you do not agree to the Privacy Policy, please do not use the Services. If you have any questions about how we collect, store and use your personal information and data please contact us. Changes to Website and Terms We reserve the right to modify, alter or otherwise update the Terms at any time in our sole discretion, at any time. Such modifications or alterations will be effective as of their posting to the website. Your access or use of this website following any changes to these Terms constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this website.   Intellectual Property Ownership Subject to your compliance with these Terms, Fresh Exchange grants you a nonexclusive, personal, non-transferable, revocable, and limited license to view the content of this website and the community platform (community.freshexchange.com). The materials on this website and our community platform, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without our prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this website for any public or commercial purpose. You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. All rights, title and interest in and to the website, including all content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein will remain with Fresh Exchange and our licensors, partners, contributors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website or granting the foregoing licenses. Trademarks, trade names, service marks, and logos used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of Fresh Exchange or a third party. Nothing in these Terms of Use grants or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of Fresh Exchange or such third-party owner.   THE SERVICES Through the Services, you may view information and content that is owned, licensed, or provided by the Company, its parent companies, subsidiaries, and affiliates (“Fresh Exchange”). The Services may also include information and services provided by third parties and distributed by virtue of a license, grant, or some other form of agreement with Fresh Exchange. When used in this Privacy Policy, “we”, “us” and “our” mean Fresh Exchange. USING THE SERVICES You can view the Services without providing any personal or individually identifiable information. You may also be able to set the security settings on your browser to prevent certain tracking and logging features. If you do that, the Services may be less functional for you. There are times when you may choose to give us personally identifiable information about yourself. For example, you may wish to register, make purchases and view information, receive e-mails from us, receive invitations to attend events, participate in discussions, preview new products and services, or participate in special promotions. If you register to use the Services or if you conduct transactions through the freshexchange.com website or any related mobile applications, we will collect information about the transactions you engage in and your other activities. We need certain information from you to register you, authenticate you, process your registration information and payments, and send goods to you, as necessary. User’s Password Responsibilities This website and/or our community platform (community.freshexchange.com) may allow you to create a user account. If you make your log-in information available to others, they will be able to view the information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. Fresh Exchange reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice. Links to Other Websites This website may contain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. You access and use these websites solely at your own risk. You should read the Privacy Policy and terms of use of any such site you visit. KINDS OF INFORMATION WE COLLECT We may collect information that you voluntarily give us, as well as location-based information and site visitorship data as described below. In order to take advantage of certain features, you may be asked to provide personally identifiable information about you that would enable someone to contact you directly. Personally, identifiable information includes your e-mail address, name, postal/mailing address, telephone numbers, shipping and billing addresses, or persistent identifier (such as a customer number held in a cookie) which is associated with personally identifiable information, as well as other information, that you may provide voluntarily. We collect such personally identifiable information that you give us so that we may: the date and time you access the Services; your internet service provider, mobile carrier, or data services provider; your Internet Protocol (IP) address; the pages you visit; the products you purchase and review; the links you click; the features used; how and when you interact with the services; the content, images, and advertisements you select; and how you arrived at the Services and where you go when you leave. We will use the personally identifiable information we collect to provide you with specific information and services that you request, and with additional information and services that may be of interest to you. By providing your personally identifiable information, you fully understand and consent to the collection and processing of such information in the United States of America and other countries. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. While we strive to protect our user’s personal information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. We may also collect non-personal information such as your IP address and use ‘cookies’ on the website. The information obtained from collecting IP addresses and using ‘cookies’ is not personal information about you. DISCLOSURE OF INFORMATION Fresh Exchange will not release any personally identifiable information to third parties without your consent except as follows: By providing us your personally identifiable information grants Fresh Exchange, the right to use such information for the provision of Services to you and for the benefit of Fresh Exchange without restrictions for the purposes that include, without limitation, research, marketing, and content, product, and lead development. Fresh Exchange may share information we collect with our business and third party marketing partners. If we share your information, we will request that such third parties treat your information in accordance with this Privacy Policy and refrain from disclosing or using your personally identifiable information for purposes other than for the provision of Services to you or for the benefit of Fresh Exchange. Fresh Exchange does not provide personally identifiable information to unaffiliated third parties for use in marketing directly to you. To the extent required, you hereby authorize this use of your personally identifiable information. We may disclose the information we collect, including personally identifiable information, to third parties as required or permitted by law. For example, we may disclose information: to regulators; to law enforcement authorities pursuant to an official request; to vendors who provide us with services; and to companies that may acquire part or all of Fresh Exchange or an affiliated company. Fresh Exchange is not responsible for the protection of the information you provide to other websites. You should be aware that when you voluntarily disclose personally identifiable information through other applications and websites, such information can be collected and used by others and may result in unsolicited communications. ADVERTISING We may use third-party companies to serve ads and provide content through the Services. These companies may use cookies and other Data Collection Tools that are not sent by us to learn about your use of the Services and other websites and apps in order to present personalized advertisements and other messages that may be of interest to you. Fresh Exchange is not responsible for such cookies and tracking software. Receipt of Funds In order to make subscribe and become a paid member of this website and our community platform (community.freshexchange.com), you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with your subscription and that you have all authority necessary to make a payment using the credit card or payment mechanism that you submit. By submitting such information, you grant Fresh Exchange the right to provide such information to third parties for the purposes of facilitating your payment. You acknowledge and agree that Fresh Exchange is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information. Payment and Cancelation Portions of the website or our community platform (community.freshexchange.com) may permit you to “Join the Community” or make payments. For subscriptions, you may provide notice of subscription cancelation at any time. Your subscription cancelation notice is effective upon the first day of the next billing period, and you will continue to have access to the applicable content for the current season or annual billing period. Seasonal and annual fees are paid in advance and are refundable within 7 days of payment. We do not provide partial refunds for portions of a month, season, or year, even if you give notice of cancelation in the middle of a month or year. For example, if you sign up and pay for a seasonal subscription on 3/21, you will have access until 6/21 when you will be billed again unless you have canceled. As such, if you cancel on 3/22, you will not be charged again but will have access for that entire period you paid for. Refunds are available within 7 days of payment. COMMERCIAL TRANSACTIONS Circumstances may arise where, whether for strategic or other reasons, we decide to sell, buy, merge or otherwise reorganize our business. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers or joint venture partners, or the receipt of it from sellers. It is our practice to seek appropriate protection for information in these types of transactions. INFORMATION SECURITY Whenever you enter an area of the site that carries or requires you to enter sensitive information such as your credit card details, a padlock icon will appear in the address bar of your browser, indicating that the page is secure. Fresh Exchange uses the Secure Sockets Layer (SSL) and Private Communications Technology security standards that are supported by Microsoft Internet Explorer 4.0 or later and other popular browsers. SSL encodes your personal information by encrypting your credit card number, name, address, phone number, identification number, and password so that they cannot be read by unauthorized parties. While we may provide encryption technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error. Fresh Exchange may implement certain physical, technological, and managerial procedures to safeguard the personally identifiable information we collect. However, these procedures do not guarantee that the information will remain secure against theft or misuse. COMMUNICATIONS From time to time, Fresh Exchange and its affiliates may communicate with you regarding your transactions and the administration of your account, current projects, special offers, invitations to events, offers for services, new product previews and updates to the Services, press releases, and announcements concerning the services we provide, contests and sweepstakes, as well as important changes in our Terms & Privacy Policy. By providing us with your e-mail address and/or your mobile phone number, you consent to receive such communications. If at any time you decide for any reason that you no longer wish to receive such communications, you may “opt-out” of receiving them by using one of the following methods: Select the “opt-out” or “unsubscribe” link, or follow the opt-out instructions that may be included in such communication. Where applicable, return to the web page(s) or service where you originally registered your preferences and follow the opt-out instructions. Be sure to provide your name, e-mail address and postal address, and specific relevant information about the particular service you no longer wish to receive. Please be aware that when you opt-out of receiving communications, it may affect the services you have chosen to receive from us where accepting the communications is a condition of receiving such services. By registering as a user or purchasing products, you consent to receive administration and transaction-related communications. HYPERLINKS AND REFERRALS Other websites accessible through the Services (through hyperlinks, advertisements, or otherwise) have their own privacy policies and data collection, use, and disclosure practices. Please consult their terms and conditions and privacy policies prior to use. We do not, even periodically, review the privacy policies or terms of use of third parties and we are not responsible or liable for their privacy practices, availability or reliability of the services they may provide, or the accuracy or completeness of their content. Privacy Policy freshexchange.com (referred to below as “the Website”) does not sell or give out your personal information, email address, or any other information to 3rd parties. The Website does not knowingly collect or solicit personal information from persons under thirteen years of age. If you are under 13, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Website. Any paid collaborations or sponsorships are disclosed within the respective editorial. We periodically monetize outbound product links via Amazon, RewardStyle, and other such services. You are responsible for all of your activity in connection with the Services and accessing the Website. The Website is not responsible for the content of linked sites. NOTICE AND CHOICE We obtain personal information only as permitted by the Safe Harbor Principles or with the consent of the individual affected. We may ask for your consent to collect, use, and/or disclose personal information in certain ways, and you may be required to give your consent in order to use our services. To the extent permitted under the Safe Harbor Principles, we reserve the right to process personal information in the course of providing services through the Services without the knowledge of individuals involved. TRANSFERS Fresh Exchange will obtain assurances from its affiliates that they will safeguard personal information consistently with this Privacy Policy. If we learn that an affiliate is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take steps to prevent or stop the use or disclosure. SECURITY AND ENFORCEMENT Fresh Exchange will take reasonable precautions to protect personal information in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, and it will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Policy. We cannot guarantee, in every circumstance, the security of the personal information you provide through the Services. All incoming encrypted information is routed through our firewall, which serves as a gatekeeper for our system. Only data containing the correct authorization is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity. Arbitration Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Traverse City, Michigan. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. Governing Law and Statute of Limitations Any claims relating to, and the use of, this website and our community platform (community.freshexchange.com) are governed by the laws of the State of Michigan, without giving effect to any choice or conflict of law provision or rule. For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of Indiana, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. Such claim or actions shall be instituted exclusively in the federal or state courts located in Leelanau County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action. No Class Actions You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with Fresh Exchange in your individual capacity, and not as a member or representative of any class or collective action. EFFECTIVE DATE This Privacy Policy is effective as of Nov. 11, 2009. We reserve the right to change this Privacy Policy at any time. If we change it, we will post the then-current Privacy Policy on this page. Any changes to this Privacy Policy will be effective as of the day they are posted. CONTACT US To contact us with your questions or comments please visit our contact page.

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