Terms of Service
OVERVIEW
This website is operated by FRESHINELIFE.COM. Throughout the site, the terms “we,” “us,” and “our” refer to FRESHINELIFE.COM. By using our website and services, you agree to be bound by these terms and conditions ("Terms of Service" or "Terms"), including any additional terms referenced herein or accessible via hyperlink. By visiting our site or making purchases, you engage in our “Service” and accept these Terms. These Terms apply to all site users, including browsers, vendors, customers, merchants, and contributors of content. Please review these Terms carefully before using our website. By accessing any part of the site, you agree to these Terms. If you disagree with any part, you must not access or use the site. If these Terms are deemed an offer, acceptance is expressly limited to these Terms. New features or tools added to the site will also be subject to these Terms. The latest version is always available on this page. We reserve the right to amend these Terms at any time by updating this page. It is your responsibility to review changes periodically. Continued use after changes constitutes acceptance.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you affirm that you are at least 18 years old or have verifiable parental consent to use this site. You must not use our products for any illegal or unauthorized purposes or violate laws in your jurisdiction. Prohibited actions include transmitting malicious code, such as viruses. Violations will result in immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny service to anyone at any time, for any reason. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or its content without our express written permission. Section headings are included for convenience and do not affect the interpretation of these Terms.
SECTION 3 - ACCURACY AND TIMELINESS OF INFORMATION
We strive to provide accurate and up-to-date information on this site. However, we do not guarantee the accuracy, completeness, or timeliness of any information and disclaim liability for reliance on it. Historical data is provided for reference only and may not be updated. It is your responsibility to monitor the site for changes.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices and offerings are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, without prior notice. We will provide at least 30 days' notice for material changes to pricing or key Service features where feasible.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may only be available online and in limited quantities. These are subject to our Return Policy. We make every effort to accurately display product colors and images but cannot guarantee your monitor’s display is accurate. We reserve the right to limit sales by person, geographic region, or jurisdiction and to discontinue any product at any time. We do not warrant product quality or that any errors in the Service will be corrected.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
We may reject or limit orders at our discretion. If we make changes to an order, we will notify you via the contact information you provide. You agree to provide current, complete, and accurate billing and account details for all purchases. Refer to our Return Policy for more information.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools on an "as is" and "as available" basis without warranties or conditions of any kind. We disclaim liability arising from your use of optional tools to the fullest extent permitted by law. You assume all risks associated with their use.
SECTION 8 - THIRD-PARTY LINKS
Our site may include links to third-party websites or content. We are not responsible for reviewing or evaluating their accuracy or offerings and are not liable for third-party materials, products, or services. Please review third-party terms and policies before engaging in transactions. Any concerns about third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS AND FEEDBACK
By submitting comments or feedback, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify them for business purposes. We are not obligated to maintain confidentiality, pay compensation, or respond to your submissions. You agree that your submissions will not violate any third-party rights or contain harmful content.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information is governed by our [Privacy Policy].
SECTION 11 - ERRORS AND OMISSIONS
We reserve the right to correct errors or omissions and to update or cancel orders based on inaccurate information, including pricing, at any time. We are not obligated to update site content, except as required by law.
SECTION 12 - PROHIBITED USES
You may not use the site or its content for any unlawful purpose, to solicit others to perform illegal acts, to infringe upon rights, or to interfere with security features. Prohibited uses also include:
- Spamming or phishing
- Distributing malware
- Using automated systems to access the site
- Engaging in fraudulent activities or misleading others
SECTION 13 - WARRANTY DISCLAIMER AND LIABILITY LIMITATION
We provide the Service “as is” and “as available” without warranties of any kind, except as required by applicable law. We are not liable for damages, including direct, indirect, incidental, or consequential damages, except as mandated by law. This limitation does not apply to gross negligence or willful misconduct.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold us harmless against claims arising from your breach of these Terms or violation of others' rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in effect.
SECTION 16 - TERMINATION
These Terms remain in effect unless terminated by you or us. Breaches may result in immediate termination of your access to the Service without notice.
SECTION 17 - ENTIRE AGREEMENT
These Terms, along with our policies, constitute the entire agreement between you and us, superseding prior agreements. Local laws and regulations that provide additional rights remain unaffected.
SECTION 18 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of US. Any disputes arising from these Terms will be resolved exclusively in the courts of US.
SECTION 19 - CHANGES TO TERMS
We may update these Terms from time to time. You will be notified of material changes and may need to accept updated Terms to continue using the Service.
SECTION 20 - SMS$EMAIL
By consenting to Freshinelife’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@freshinelife.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Freshinelife products or services, you agree that any controversy, claim, action, or dispute between you and Freshinelife arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Freshinelife’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Colorado, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Colorado, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Freshinelife’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 1312 17th St, Unit 2186, Denver, CO 80202. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Freshinelife. You are responsible for ensuring Freshinelife’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Claim in arbitration.
3. Class Action Waiver:
You and Freshinelife agree that you may bring or participate in Claims against Freshinelife only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Freshinelife agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
SECTION 21 - CONTACT INFORMATION
For questions, contact us at support@freshinelife.com.