Last updated: October 12, 2020
Welcome to freshhealth.com. The freshhealth.com website (the “Site”) is comprised of various web pages operated by Fresh Health Inc (“Fresh Health,” “we,” “us,” or “our”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The purpose of the Site is to educate people about the benefits of proper oral health. The Site also provides information about Fresh Health’s products and services and provide users the opportunity to order and/or receive additional information regarding our products and/or services.
PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS EXPLAINED IN THE SECTIONS TITLE “GOVERNING LAW & ARBITRATION” AND “CLASS ACTION WAIVER.” IN ADDITION, PLEASE BE ADVISED THAT FRESH HEALTH DOES NOT PROVIDE ANY WARRANTIES AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE THE SECTIONS TITLED “LINKS TO THIRD PARTY SITES” AND “LIABILITY DISCLAIMER” FOR FURTHER INFORMATION.
IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THESE TERMS, OR YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE SECTION TITLE “CHILDREN UNDER EIGHTEEN”BELOW, DO NOT ACCESS OR USE THE SITE.
Visiting the Site or sending emails to Fresh Health constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you are under 18, you may use the Site only with permission of a parent or guardian. Fresh Health does not knowingly collect, either online or offline, personal information from persons under the age of thirteen, and the Site is not intended for use by, and my not be used or accessed by any, persons under the age of 13.
When you purchase our professional flossing system product (Product) through the Site (each such purchase, a “Transaction”), you will be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant Fresh Health the right to provide such information to our third party service providers for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Transaction.
All purchases of the Product are subject to our Deposit, Warranty and Return Policy. You agree that by placing an order for a Product on the Site, you are entering into a binding contract with Fresh Health and agree to pay all charges that may be incurred by you or on your behalf in connection with your Transaction(s), at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges listed in your order. In addition, you remain responsible for any taxes that may be applicable to your Transactions. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Products purchased.
5.3. Order Acceptance; Cancellation. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your order, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us at any time in our sole discretion. Additionally, if you put down a deposit for a Product that will be shipped more than 30 days’ after your order, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the molds that we need to configure the Product for you to complete your order. Without limiting the foregoing, Fresh Health reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Product; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Transaction(s); and (d) refuse to provide any user with any Product.
Products will be shipped by a third party carrier to the shipping address provided by you in connection with the applicable Transaction. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to (or pick up by) the carrier. EXCEPT AS EXPRESSLY PROVIDED IN OUR DEPOSIT, WARRANTY AND RETURN POLICY, THE PRODUCTS, AND THE FEES PAID BY YOU FOR SUCH PRODUCTS, ARE NON-RETURNABLE AND NON-REFUNDABLE.
If you have purchased Products through the Site, you agree to, and shall, pay Fresh Health the fees specified in the electronic or written order submitted by you to Fresh Health for such Products, in accordance with the payment terms specified therein. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on Fresh Health’s income),and any related penalties and interest, arising from the payment of the fees, the delivery of the Products, Services, or performance of any services by Fresh Health.
Please note that Product is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and guidance about the Products are informational purposes only and cannot replace the services of health professionals. You should always consult a doctor or dentist if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Site or otherwise related to the Product.
If you experience any discomfort or irritation when using the Product, discontinue use and contact a health professional.
the Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fresh Health and Fresh Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fresh Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fresh Health of the site or any association with its operators. IF YOU DECIDE TO ACCESS AND USE ANY LINKED SITES, BE ADVISED THAT YOUR USE IS GOVERNED SOLELY BY THE TERMS AND CONDITIONS FOR SUCH LINKED SITES, AND FRESH HEALTH DOES NOT ENDORSE, IS NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS AS TO SUCH LINKED SITES, THEIR CONTENT OR THE MANNER IN WHICH THEY HANDLE YOUR DATA. HEALTH FRESH IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR ACCESS OR USE OF ANY SUCH LINKED SITES, OR YOUR RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF SUCH LINKED SITES.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Fresh Health may share such information and data with any third party with whom Fresh Health has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fresh Health or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fresh Health content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fresh Health and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fresh Health or our licensors except as expressly authorized by these Terms.
You may be able to connect your Fresh Health Inc. account to third party accounts. By connecting your Fresh Health Inc. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Fresh Health from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fresh Health Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
you agree to indemnify, defend and hold harmless Fresh Health, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fresh Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fresh Health in asserting any available defenses.
Governing Law. These Terms will be governed by the laws of the State of California, United States of America without giving effect to any conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms.
Disputes. Except as otherwise set forth in these Terms, you agrees that any dispute between you and Fresh Health arising out of or relating to these Termsand/or the Site (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, you agrees to first contact us directly at [insert email address]to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or Fresh Health may institute arbitration in accordance with the procedures set forth in this Section.
Dispute Resolution. Any Disputes that cannot be resolved through informal resolution in accordance with the informal dispute process above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in Santa Clara, California unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
Opting-Out of Arbitration. You may opt-out of the agreement to arbitrate by providing Fresh Health written notice within thirty (30) days of first accepting these Terms. Your notice must include: (i) your full name (first and last); (ii) the email address you used to register the account; and (iii) a clear statement that you decline this agreement to arbitrate.
Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you has in any manner violated or threatened to violate any of Fresh Health’s intellectual property rights, Fresh Health may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consents to the personal jurisdiction and exclusive venue in such courts.
Venue. If the agreement to arbitrate is found not to apply your or our claim, you and Fresh Health agree that any judicial proceeding will be brought in the federal or state courts of Santa Clara County, California. Both you and Fresh Health consent to venue and personal jurisdiction there.
Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever
Any arbitration under these Terms will take place on an individual basis. Without limitation to the foregoing, class arbitrations and class/representative/collective actions, and/or private attorney general actions, and consolidation with other arbitrations are not permitted under these Terms. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fresh Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRESH HEALTH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FRESH HEALTH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH HEALTH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH HEALTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRESH HEALTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESH HEALTH’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY FRESH HEALTH SHALL NOT EXCEED THE GREATER OF (I) THE PRICE PAID BY YOU WHEN YOU PURCHASE OUR PRODUCTS OR (II) ONE HUNDRED DOLLARS ($100.00). FRESH HEALTH DISCLAIMS ALL LIABILITY OF ANY KIND OF FRESH HEALTH’S LICENSORS AND SUPPLIERS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Fresh Health reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time for any or no reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fresh Health as a result of these Terms or use of the Site.
Fresh Health’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Fresh Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fresh Health with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Fresh Health with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fresh Health with respect to the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Fresh Health reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Fresh Health encourages you to periodically review the Terms to stay informed of our updates. All updates and modifications to these Terms will be effective from the day they are posted on the Site at https://freshhealth.com/terms/ (except as stated below). If we make any material changes to these Terms, we will notify users of these changes by posting a prominent notice of the changes on the Site. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, do not access or use the Site. Your continued access and/or use of the Site after we have posted the updated Terms, or, in the event of material changes, ten (10) days following the date we posted the notice of such changes on the Site, shall be deemed your acknowledgment and agreement to be bound by the revised Terms.
Fresh Health welcomes your questions or comments regarding the Terms:
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