Terms of Use

WELCOME
BrightFresh welcomes visitors to the BrightFresh website located at www.brightfresh.com  (“Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. You represent and warrant that you are at least 18 years of age. If you do not agree with these Terms of Use or you are not at least 18 years of age, your sole recourse is to leave the Website immediately.

 

OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by BrightFresh. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to BrightFresh, its affiliates and/or third-party licensors. The Content is protected by United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of BrightFresh. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of BrightFresh. To obtain written consent for such reproduction, please contact us here. You may provide feedback, suggestions, comments, improvements, and ideas (collectively, “Feedback”) to BrightFresh but you are not required to do so. You agree that BrightFresh may use and exploit all Feedback for any purpose without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account to you.

 

You will not, and will not allow any other party to:

 

a.  engage in fraudulent or illegal conduct of any kind that is related in any way to the Website;

b.  restrict, inhibit, or engage in any activity that prevents any other party from using the Website;

c.  circumvent or modify any security mechanism used by BrightFresh; or

d.  transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature.

LINKING
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with BrightFresh. Please understand that such linked websites are independent from BrightFresh and that BrightFresh has no control over the content of such websites. Consequently, BrightFresh cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.


DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.


ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRIGHTFRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND NON-INFRINGEMENT. BRIGHTFRESH DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

IN NO EVENT SHALL BRIGHTFRESH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT SAMPLE OBTAINED THROUGH THE WEBSITE, EVEN IF BRIGHTFRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

BRIGHTFRESH PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

 

ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT. BRIGHTFRESH MAKES NO WARRANTIES REGARDING ANY PRODUCT SAMPLES. YOU EXPRESSLY RELEASE AND HOLD BRIGHTFRESH HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCT SAMPLES OBTAINED VIA THE WEBSITE.


INDEMNITY
You agree to indemnify and hold harmless BrightFresh, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

 

In particular, you agree to indemnify and hold harmless BrightFresh, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by BrightFresh.

 

PRIVACY
You agree that these Terms of Use incorporate and include BrightFresh’s Privacy Policy and that BrightFresh may use any information BrightFresh obtains about you in accordance with the provisions of the Privacy Policy. BrightFresh respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.


CONTESTS
From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.


CHANGES AND TERMINATION
BrightFresh reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, BrightFresh reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update of These Terms of Use” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from BrightFresh to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

 

TRADEMARKS
“BrightFresh” and “www.brightfresh.com” are trademarks of BrightFresh. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of BrightFresh. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

 

APPLICABLE LAWS
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the United States of America applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of California. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.


These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and BrightFresh with respect to the use of the Website, including the Content.

 

NOTICE
Notices to changes of Term of Use will not be made, it is up to the user to click on the Terms of Use and review any changes.
If you have any questions or comments regarding these Terms of Use please contact us here.

 

Last Update of These Terms of Use: as of October 6, 2022

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