TERMS OF USE
Acceptance of Terms
Fresh Start Information Technology has compiled a list of Terms for the use of this
site. At all times while visiting our site you should be in compliance with these terms
of use. Your only recourse for not complying with the terms of use is to disconnect
from our services and site. Fresh Start Information will not be liable for any loss or
damage for non-compliance.
These terms may be updated at any time by Fresh Start Information Technology. You
are solely responsible for reviewing the terms from time to time. After terms have
been updated, they are immediately in use. There will be no notification sent to
anyone except on this link of the website
Content
you understand that all listings, messages, text, files, images, photos, video, audio or
any other matter that you have posted on, transmitted through, or linked from any site
are solely the responsibility of the person from whom the content originated. Fresh
Start Information Technology holds no responsibility for the content that may be
brought to this site made available from links that were brought here by others that
may be considered indecent, offensive, inaccurate, misleading, or otherwise
questionable.
Also, the site and content made available through our site may contain links to other
websites completely independent of Fresh Start Information. Fresh Start Information
Technology makes no representation or warranty as the accuracy, completeness or
authenticity of the information contained on such a website. Under no circumstances
will Fresh Start Information Technology be liable in any way content or for any loss or
damage of any kind incurred as a result of the use of any content posted, emailed,
linked or otherwise made available via our site.
You fully understand and agree that by uploading or posting you will do so at your
own risk and Fresh Start Information Technology will not be responsible to you in any
way. Further, Fresh Start Information Technology does not provide any warranty as to
your use of third party content or software that you obtain from the site.
You are also fully responsible for any Content you post on the Site and to the
consequences of any such Content. Although Fresh Start Information Technology
does not claim ownership of Content that its users post, by posting Content to the
Service, you automatically grant, and you represent and warrant that you have the
right to grant, to Fresh Start Information Technology an irrevocable, perpetual, non-
exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute
said Content and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublimeness through multiple tiers of the
foregoing. You also understand and agree that Fresh Start Information Technology, in
its sole discretion, may delete any Content for any reason.
User Conduct
you agree to act responsibly and to treat other users with respect. Users also must
not use the Site or the Service to harass or abuse other users. Individuals who have
demonstrably harassed other individuals may be removed from the Service or
blocked from the Site.
You agree not to post, email, or otherwise make available Content that:
• Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted,
racially Offensive, obscene or otherwise objectionable.
• Advertises any illegal services or the sale of any items prohibited or
restricted by applicable law
• Is harmful to minors or displays sexually explicit material of any kind
• Encourages conduct that could constitute a criminal offense, gives rise to
civil liability or otherwise violates any applicable local, state, national
or international Law or regulation
• Transmits or posts any unsolicited or unauthorized advertising, "spam,"
junk mail, "chain letters," "pyramid schemes," etc.
• Transmits or posts any content that infringes upon patents, trademarks,
trade secrets, copyrights or other proprietary rights
• Transmits or posts any viruses or material designed to disrupt, limit or
destroy any functionality of any computer software or hardware of users,
members or Fresh Start Information Services
• Collects, stores or solicits information about other users or members for
commercial or unlawful purposes or engage in commercial activity such as
contests, sweepstakes, etc. Without National Classifies' prior consent
• Contains personally identifiable information about another member that is
published without their express consent
• Contains material originally posted by another member that is reposted
without permission or attribution
• Has misleading email addresses or other manipulated identifiers to
disguise its origin
• Is purposefully posted in an irrelevant category or city, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on National Classifies infrastructure
Additionally, you agree not to:
o Contact anyone who has asked not to be contacted
o "Stalk" or otherwise harass anyone
o Delete or revise any material posted by any other user
o Impersonate any person or entity or falsely state or misrepresent your
affiliation with another person or entity
o Use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Site
o Attempt to gain unauthorized access National Classifies computer systems
or networks to engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the Service
or the Site
Dealings with organizations or individuals
Fresh Start Information Technology will not be liable for your interactions with any
organizations and/or individuals found on the Site or through the Service. This
includes, but is not limited to, payment and delivery of goods and services, and any
other terms, conditions, warranties or representations associated with such dealings.
These dealings are solely between you and such organizations and/or individuals.
You agree that Fresh Start Information Technology is not responsible for any damage
or loss incurred as a result of any such dealings. Fresh Start Information Technology
is under no obligation to become involved in disputes between participants on the
Site, or between participants on the Site and any third party. In the event of a dispute,
you release Fresh Start Information Technology, its officers, employees, agents and
successors in rights from claims, damages and demands of every kind, known or
unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in
any way related to such disputes and our service
Payments
When you send Fresh Start Information Technology or FSIT a check as payment, you
give a one time authorization to clear your check electronically. Electronic payments
clear the same day we receive the payment. Your original check will not be
returned. If we cannot post the transaction electronically, we will present an image
copy of your check for payment. We will continue to process your check until full
payment has been satisfied without any recourse.
REFUND POLICY
Fresh Start Information Technology will refund within the first five days of purchase
with returned receipt.
SHIPPING POLICY
Products will be shipped within five to seven business days after full payment has
been processed.
Limitation & Termination of Service
you acknowledge that Fresh Start Information may establish limits concerning use of
the Service. You agree that Fresh Start Information Technology has no responsibility
or liability for the deletion or failure to store any Content maintained or transmitted by
the Service. You acknowledge that Fresh Start Information Technology reserves the
right at any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that Fresh Start Information Technology shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
You agree that Fresh Start Information Technology in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Site (or any part
thereof), immediately and without notice, and remove and discard any Content within
the Site, for any reason, including, without limitation, if Fresh Start Information
Technology
Believes that you have acted inconsistently with these Terms. Further, you agree that
Fresh Start Information Technology shall not be liable to you or any third-party for any
termination of your access to the Site. Further, you agree not to attempt to use the
Site or the Service after said termination.
Privacy & Information Disclosure
Fresh Start Information Technology has a Privacy Policy that explains to users how
their information is collected and used. A copy of the current version of our Privacy
Policy can be found at the bottom of our home page. Your use of the Site or the
Service signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge that Fresh Start Information Technology may, in its sole
discretion, preserve or disclose your Content, as well as your information, such as
email addresses, IP addresses, timestamps, and other user information, if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to comply with the legal process, enforce these Terms,
respond to claims that any Content violates the right of third-parties; or to protect the
rights, property, or personal safety of Fresh Start Information Technology, its users or
the general public.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT
YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER
CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS"
BASIS. FRESH START INFORMATION TECHNOLOGY, ITS LICENSOR'S AND SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. NEITHER FRESH START Information TECHNOLOGY OR FSIT
NOR ITS LICENSOR'S OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE
SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES FRESH START INFORMATION TECHNOLOGY ITS LICENSOR'S OR SUPPLIERS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE
PUBLISHER OF THIS WEB SITE HAS MADE NO ATTEMPT TO VERIFY THE INFORMATION
CONTAINED IN ANY OF THE PRODUCTS LISTED HEREIN, NOR DOES THE PUBLISHER
HAVE ANY CONTROL OVER THE CONTENT OF MANY OF THESE PRODUCTS. MUCH OF
THE INFORMATION MAY BE OUTDATED. THEREFORE, THE PUBLISHER OF THIS WEB
SITE EXPRESSLY DENIES LIABILITY AND UNDERTAKES NO RESPONSIBILITY FOR THE
RELIANCE ON, OR CONSEQUENCES OF, USING INFORMATION OR SERVICES FOUND
HEREIN. ALL PRODUCTS ARE TO BE ACCESSED AT THE VIEWER'S OWN RISK.
Limitations on Liability
IN NO EVENT SHALL FRESH START INFORMATION TECHNOLOGY, ITS LICENSOR'S OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY,
EVEN IF FRESH START INFORMATION TECHNOLOGY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, FRESH START INFORMATION
TECHNOLOGY SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY
THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU
AGREE THAT THE AGGREGATE LIABILITY OF FRESH START INFORMATION
TECHNOLOGY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE
SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO
FRESH START INFORMATION TECHNOLOGY, IF ANY, FOR ACCESS TO AND USE OF THE
SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH
HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
FRESH START INFORMATION TECHNOLOGY AND YOU. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD FRESH
START INFORMATION TECHNOLOGY HARMLESS FROM AND AGAINST ANY LOSS,
COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A)
THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON
INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE
SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY
YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST
FRESH START INFORMATION TECHNOLOGY ARISING OUT OF YOUR USE OF THE
SERVICE OR THE SITE.
General Information
These Terms are governed in all respects by the laws of the State of California, U.S.A,
without reference to its conflicts of laws, principles and any dispute arising
hereunder shall be submitted to state and federal courts in San Francisco, California
and you consent to the exclusive jurisdiction of such courts. If any provision of these
Terms is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Fresh Start Information Technology failure
to act with respect to a breach by you does not waive Fresh Start Information right to
act with respect to subsequent or similar breaches. You may not assign or transfer
these Terms or any rights hereunder, and any attempt to the contrary is void. These
Terms shall inure to the benefit of and be binding upon each party's successors and
assigns. Fresh Start Information shall not be liable for any delay or failure to perform
resulting directly or indirectly from any causes beyond Fresh Start Information
Technology reasonable control. Any notice required or given to you under these
Terms shall be delivered by electronic mail at the e-mail address provided by you
during registration. These Terms constitute the complete and exclusive
understanding and agreement of the parties relating to the subject matter hereof and
supersedes all prior understandings, proposals, agreements, negotiations, and
discussions between the parties, whether written or oral. By ordering supplies with
Fresh Start Information Technology you are agreeing to all terms above.
Acceptance of Terms
Fresh Start Information Technology has compiled a list of Terms for the use of this
site. At all times while visiting our site you should be in compliance with these terms
of use. Your only recourse for not complying with the terms of use is to disconnect
from our services and site. Fresh Start Information will not be liable for any loss or
damage for non-compliance.
These terms may be updated at any time by Fresh Start Information Technology. You
are solely responsible for reviewing the terms from time to time. After terms have
been updated, they are immediately in use. There will be no notification sent to
anyone except on this link of the website
Content
you understand that all listings, messages, text, files, images, photos, video, audio or
any other matter that you have posted on, transmitted through, or linked from any site
are solely the responsibility of the person from whom the content originated. Fresh
Start Information Technology holds no responsibility for the content that may be
brought to this site made available from links that were brought here by others that
may be considered indecent, offensive, inaccurate, misleading, or otherwise
questionable.
Also, the site and content made available through our site may contain links to other
websites completely independent of Fresh Start Information. Fresh Start Information
Technology makes no representation or warranty as the accuracy, completeness or
authenticity of the information contained on such a website. Under no circumstances
will Fresh Start Information Technology be liable in any way content or for any loss or
damage of any kind incurred as a result of the use of any content posted, emailed,
linked or otherwise made available via our site.
You fully understand and agree that by uploading or posting you will do so at your
own risk and Fresh Start Information Technology will not be responsible to you in any
way. Further, Fresh Start Information Technology does not provide any warranty as to
your use of third party content or software that you obtain from the site.
You are also fully responsible for any Content you post on the Site and to the
consequences of any such Content. Although Fresh Start Information Technology
does not claim ownership of Content that its users post, by posting Content to the
Service, you automatically grant, and you represent and warrant that you have the
right to grant, to Fresh Start Information Technology an irrevocable, perpetual, non-
exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute
said Content and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublimeness through multiple tiers of the
foregoing. You also understand and agree that Fresh Start Information Technology, in
its sole discretion, may delete any Content for any reason.
User Conduct
you agree to act responsibly and to treat other users with respect. Users also must
not use the Site or the Service to harass or abuse other users. Individuals who have
demonstrably harassed other individuals may be removed from the Service or
blocked from the Site.
You agree not to post, email, or otherwise make available Content that:
• Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted,
racially Offensive, obscene or otherwise objectionable.
• Advertises any illegal services or the sale of any items prohibited or
restricted by applicable law
• Is harmful to minors or displays sexually explicit material of any kind
• Encourages conduct that could constitute a criminal offense, gives rise to
civil liability or otherwise violates any applicable local, state, national
or international Law or regulation
• Transmits or posts any unsolicited or unauthorized advertising, "spam,"
junk mail, "chain letters," "pyramid schemes," etc.
• Transmits or posts any content that infringes upon patents, trademarks,
trade secrets, copyrights or other proprietary rights
• Transmits or posts any viruses or material designed to disrupt, limit or
destroy any functionality of any computer software or hardware of users,
members or Fresh Start Information Services
• Collects, stores or solicits information about other users or members for
commercial or unlawful purposes or engage in commercial activity such as
contests, sweepstakes, etc. Without National Classifies' prior consent
• Contains personally identifiable information about another member that is
published without their express consent
• Contains material originally posted by another member that is reposted
without permission or attribution
• Has misleading email addresses or other manipulated identifiers to
disguise its origin
• Is purposefully posted in an irrelevant category or city, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on National Classifies infrastructure
Additionally, you agree not to:
o Contact anyone who has asked not to be contacted
o "Stalk" or otherwise harass anyone
o Delete or revise any material posted by any other user
o Impersonate any person or entity or falsely state or misrepresent your
affiliation with another person or entity
o Use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Site
o Attempt to gain unauthorized access National Classifies computer systems
or networks to engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the Service
or the Site
Dealings with organizations or individuals
Fresh Start Information Technology will not be liable for your interactions with any
organizations and/or individuals found on the Site or through the Service. This
includes, but is not limited to, payment and delivery of goods and services, and any
other terms, conditions, warranties or representations associated with such dealings.
These dealings are solely between you and such organizations and/or individuals.
You agree that Fresh Start Information Technology is not responsible for any damage
or loss incurred as a result of any such dealings. Fresh Start Information Technology
is under no obligation to become involved in disputes between participants on the
Site, or between participants on the Site and any third party. In the event of a dispute,
you release Fresh Start Information Technology, its officers, employees, agents and
successors in rights from claims, damages and demands of every kind, known or
unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in
any way related to such disputes and our service
Payments
When you send Fresh Start Information Technology or FSIT a check as payment, you
give a one time authorization to clear your check electronically. Electronic payments
clear the same day we receive the payment. Your original check will not be
returned. If we cannot post the transaction electronically, we will present an image
copy of your check for payment. We will continue to process your check until full
payment has been satisfied without any recourse.
REFUND POLICY
Fresh Start Information Technology will refund within the first five days of purchase
with returned receipt.
SHIPPING POLICY
Products will be shipped within five to seven business days after full payment has
been processed.
Limitation & Termination of Service
you acknowledge that Fresh Start Information may establish limits concerning use of
the Service. You agree that Fresh Start Information Technology has no responsibility
or liability for the deletion or failure to store any Content maintained or transmitted by
the Service. You acknowledge that Fresh Start Information Technology reserves the
right at any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that Fresh Start Information Technology shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
You agree that Fresh Start Information Technology in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Site (or any part
thereof), immediately and without notice, and remove and discard any Content within
the Site, for any reason, including, without limitation, if Fresh Start Information
Technology
Believes that you have acted inconsistently with these Terms. Further, you agree that
Fresh Start Information Technology shall not be liable to you or any third-party for any
termination of your access to the Site. Further, you agree not to attempt to use the
Site or the Service after said termination.
Privacy & Information Disclosure
Fresh Start Information Technology has a Privacy Policy that explains to users how
their information is collected and used. A copy of the current version of our Privacy
Policy can be found at the bottom of our home page. Your use of the Site or the
Service signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge that Fresh Start Information Technology may, in its sole
discretion, preserve or disclose your Content, as well as your information, such as
email addresses, IP addresses, timestamps, and other user information, if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to comply with the legal process, enforce these Terms,
respond to claims that any Content violates the right of third-parties; or to protect the
rights, property, or personal safety of Fresh Start Information Technology, its users or
the general public.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT
YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER
CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS"
BASIS. FRESH START INFORMATION TECHNOLOGY, ITS LICENSOR'S AND SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. NEITHER FRESH START Information TECHNOLOGY OR FSIT
NOR ITS LICENSOR'S OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE
SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES FRESH START INFORMATION TECHNOLOGY ITS LICENSOR'S OR SUPPLIERS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE
PUBLISHER OF THIS WEB SITE HAS MADE NO ATTEMPT TO VERIFY THE INFORMATION
CONTAINED IN ANY OF THE PRODUCTS LISTED HEREIN, NOR DOES THE PUBLISHER
HAVE ANY CONTROL OVER THE CONTENT OF MANY OF THESE PRODUCTS. MUCH OF
THE INFORMATION MAY BE OUTDATED. THEREFORE, THE PUBLISHER OF THIS WEB
SITE EXPRESSLY DENIES LIABILITY AND UNDERTAKES NO RESPONSIBILITY FOR THE
RELIANCE ON, OR CONSEQUENCES OF, USING INFORMATION OR SERVICES FOUND
HEREIN. ALL PRODUCTS ARE TO BE ACCESSED AT THE VIEWER'S OWN RISK.
Limitations on Liability
IN NO EVENT SHALL FRESH START INFORMATION TECHNOLOGY, ITS LICENSOR'S OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY,
EVEN IF FRESH START INFORMATION TECHNOLOGY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, FRESH START INFORMATION
TECHNOLOGY SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY
THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU
AGREE THAT THE AGGREGATE LIABILITY OF FRESH START INFORMATION
TECHNOLOGY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE
SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO
FRESH START INFORMATION TECHNOLOGY, IF ANY, FOR ACCESS TO AND USE OF THE
SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH
HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
FRESH START INFORMATION TECHNOLOGY AND YOU. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD FRESH
START INFORMATION TECHNOLOGY HARMLESS FROM AND AGAINST ANY LOSS,
COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A)
THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON
INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE
SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY
YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST
FRESH START INFORMATION TECHNOLOGY ARISING OUT OF YOUR USE OF THE
SERVICE OR THE SITE.
General Information
These Terms are governed in all respects by the laws of the State of California, U.S.A,
without reference to its conflicts of laws, principles and any dispute arising
hereunder shall be submitted to state and federal courts in San Francisco, California
and you consent to the exclusive jurisdiction of such courts. If any provision of these
Terms is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Fresh Start Information Technology failure
to act with respect to a breach by you does not waive Fresh Start Information right to
act with respect to subsequent or similar breaches. You may not assign or transfer
these Terms or any rights hereunder, and any attempt to the contrary is void. These
Terms shall inure to the benefit of and be binding upon each party's successors and
assigns. Fresh Start Information shall not be liable for any delay or failure to perform
resulting directly or indirectly from any causes beyond Fresh Start Information
Technology reasonable control. Any notice required or given to you under these
Terms shall be delivered by electronic mail at the e-mail address provided by you
during registration. These Terms constitute the complete and exclusive
understanding and agreement of the parties relating to the subject matter hereof and
supersedes all prior understandings, proposals, agreements, negotiations, and
discussions between the parties, whether written or oral. By ordering supplies with
Fresh Start Information Technology you are agreeing to all terms above.
| Fresh Start Information Technology |
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