Changes to Website and Terms
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.
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
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
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.
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.
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.
HYPERLINKS AND REFERRALS
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.
SECURITY AND ENFORCEMENT
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
To contact us with your questions or comments please visit our contact page.