Your Use of This Website and Ordering Our Products Is Governed By These Terms and Conditions
Welcome to FreshSeasonSpa.com. These Terms & Conditions apply to the FreshSeasonSpa.com website located at www.FreshSeasonSpa.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "Fresh Season", "us" or "we" refers to Fresh Season LLC and its subsidiaries and affiliates.
These terms and conditions also apply to purchases made on our website and sign ups on our email newsletter list.
by accessing or otherwise using the site you agree to these terms and conditions. by purchasing products on our website you also agreee to these terms and conditions. Any person or entity, who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, subscription forms and other material (collectively "Content") is owned or licensed property of Fresh Season or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all content on the Site is the exclusive property of Fresh Season LLC and protected by U.S. and international copyright laws. Fresh Season and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
What are “Cookies”?
Cookies are small text files used by websites and stored on your devices, with your consent, that remember your registered login, help you resume where your last browsing session left off, display pages correctly, and keep track of your preferences within the website. We store cookies on the website indefinitely and a visit to a page on our website may generate the following types of cookies:
Registration cookies - These let us know which account you are signed in with and whether or not you are allowed access to a particular service, and they help us associate any comments you post with your username. Site performance cookies - This is how we remember your preferences for the tools found on our website so you don’t have to reset them each time you visit our site.
Anonymous analytics cookies - These tell us whether or not someone has visited our site in the past so we can track the number of site users and how often they visit for statistics. Note that these cookies can’t be used to identify any individual.
Advertising cookies - We use these to target our advertisement more accurately by telling us whether or not you have seen our ad and how long it is since you have seen it. These cookies store information about what you are looking at on our site, not your personal information.
How to accept, reject or turn off cookies
You can accept or reject cookies on our website via the pop-up cookies banner on our homepage or by emailing us at [email protected]
If you would like to turn off cookies from all the websites you visit, you can do so via your browser’s settings. However, the websites you visit will not be able to tell whether you are signed in if cookies are turned off, which means you will not be able to post comments or access certain parts of the website.
Fresh Season grants you a limited license to access and make personal use of the Site and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "unlawful or prohibited uses" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Fresh Season that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party,
YOU MAY NOT:
- Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, customer testimonials or images;
- Download, copy or transmit any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Fresh Season or generally publicly available browsers;
- Frame, mirror or use framing techniques on any part of the Site without Fresh Season’s express prior written consent;
- Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, customer testimonials, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing Fresh Season’s name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Fresh Season Site) or to the Site (impersonating another user); send unsolicited or unauthorized email on behalf of Fresh Season, including promotions and/or advertising of products or services; tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site;
- Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without Fresh Season’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to register with Fresh Season in order to access certain services or areas of the Site (i.e. setting up an account). With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Fresh Season including those set forth in these Terms & Conditions, Fresh Season reserves the right, in its sole discretion, to terminate your account, refuse service to you or cancel subscriptions.
Fresh Season may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Fresh Season reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Fresh Season reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions, which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
Fresh Season welcomes your reviews, comments and other communications, photos, videos or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Fresh Season to feature, such as your name, social media handle, accompanying text and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam" or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive or degrading. You are solely responsible for the User Content you submit, and Fresh Season assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit (in any fashion including but not limited to through email, website forms, through other methods on our site or by posting to our community page), you grant to Fresh Season a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty- free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Fresh Season the right to include the name provided along with the User Content submitted by you; provided, however, Fresh Season shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading or deceptive. Fresh Season neither endorses nor is responsible for any opinion, advice, information or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Fresh Season.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, mandatory contact information such as phone number and email and emergency contact information such as name, address, phone and email and other non-mandatory contact information such as job history, education, family member information, etc. and other information asked during a subscription sign up. 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 to Fresh Season the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction, including the right to re-charge said cards for recurring billing purposes consistent with the subscription or subscriptions you select.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. 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 item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Fresh Season reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges, if applicable as well as all recurring billing charges for subscriptions you subscribed too until cancelled. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Fresh Season or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
If we successfully update your subscription with a different credit card, that credit card will be used for future subscription orders unless you change the payment method. If we are unable to complete a subscription order with an updated credit card, the order will be canceled or changed.
Your subscription with Fresh Season subscriptions is personal to you and/or the call recipient you indicated during your subscription sign up and you may not assign or transfer your subscription, or any of its benefits, to any third party (the call recipient you indicated during your subscription sign up excluded) without Fresh Season’s authorization.
If any problems arise with your subscription account, the email address or payment method connected with your subscription that Fresh Season is unable to resolve, we will notify you through the email address or phone number associated with your subscription and your subscription order will be canceled. No additional subscription services will be provided until the problem has been resolved. Even if a particular subscription order is canceled, your enrollment in Fresh Season subscriptions will remain in effect, and Fresh Season will attempt to process the next subscription order based on the delivery frequency you have chosen.
Only valid credit cards can be used to enroll in Fresh Season’s subscriptions and to make subscription service purchases. You cannot use a debit card to pay for Fresh Season Subscription services. PayPal cannot be used for orders that include a subscription at this time.
The cost of each subscription order may increase from time to time if pricing increases. We will notify you by the email you provided when you subscribed if there would be a price increase in a subscription thirty days prior to the price increase. The total cost for each subscription order will be the cost of the service on the day we provide the service to you or your designated call recipient plus sales tax, if any. Applicable discounts or promotions in effect at the time you subscribed to your subscription order will be applied to your order.
After your first order, we will bill your credit card each week or month (depending on your subscription order selected) without prior notice. Your initial order will be processed when you set up the subscription. You can also view the amount of each subscription order by visiting your account page on your FreshSeasonSpa.com account and viewing the order details.
The amount of each subscription order will be billed to the credit card you authorize for Fresh Season subscriptions purchases, and your card will be billed on the day your subscription order is placed and every 7 days or 30 days (28 days in February) thereafter depending on whether you have subscribed to a weekly billing subscription or a monthly billing subscription. If we are unable to complete an order with the credit card used for that subscription order and you have not provided an alternative card to use, the order will be canceled or changed.
If you want to change or cancel your subscription, you can do so at any time in your account on FreshSeasonSpa.com. Your subscription will remain in effect until it is canceled. To prevent additional services provided as part of a subscription order or to change a subscription, you must cancel or change your subscription either 7 days or one month prior to the next regular subscription chat call.
You must have a FreshSeasonSpa.com account to enroll in and manage your Fresh Season subscriptions. If you cancel your FreshSeasonSpa.com account, your Fresh Season subscriptions will also be canceled.
If your subscription is canceled and then you re-enroll in Fresh Season subscriptions, any discount applied to the original subscription may be different than any discounts or promotions available at the time you re-enroll in the subscription service.
Fresh Season reserves the right, without notice and in its sole discretion, to terminate your subscription (i) if you violate any of these Terms of Service, (ii) for any reason or (iii) for no reason. Upon any such termination, your subscription benefits will immediately cease, and you will only be charged for calls that have been provided to you or your designated call recipient. Fresh Season reserves the right to change any benefits offered through its subscription service, including discounts and other promotional offers, at any time at Fresh Season’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.
The following provisions apply to users of mobile applications (each, an “Application”):
Users of Any Apple Application
If you download and/or use any Application(s) for iPhone or iPad to access our website: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and the applicable third party that provides the application is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
Fresh Season at this time does not provide its own mobile application but does recognize that other third party vendors do provide applications that can access the Fresh Season website.
Mobile Service, Internet and Service Fees
The use of any Application and/or viewing our website on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports and Application updates from applicable third parties or Fresh Season, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of any Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access any Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through any Application.
Any Application may not work with all devices or all mobile carriers. Fresh Season does not provide its own Application at this time and makes no representations that any third party Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for any Application or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Your carrier’s standard message rates will apply to your entry or submission message, Fresh Season’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.
Fresh Season will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Fresh Season as part of this service. Fresh Season may use this information to contact you and provide services you request from Fresh Season. Fresh Season may also use this information as described in the subscription list you’ve enrolled in. Fresh Season may use an automatic dialing system to deliver text messages to you.
Maximum number of messages per month will vary based on the subscription list you’ve enrolled in. You can unsubscribe at any time by emailing [email protected] and putting stop text messages and provide your phone number. You can also stop test messages by texting STOP to the account you received the Fresh Season Text Messaged from and you will receive a text confirming that you have been unsubscribed from Fresh Season’s text message list except that if you are listed an emergency contact Fresh Season may still send text messages to you in the event that we in our sole discretion believe an emergency situation requires us to contact the emergency contact. If you have questions, send an email to [email protected]
Fresh Season’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or services provided or that the price or availability of a service has been confirmed. Fresh Season makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or discontinued, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, subscription information, specifications, availability and services. Fresh Season reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If a subscription’s correct price is lower than our stated price, we will charge the lower amount and provide the call service to you or your designated call recipient. If a subscription’s correct price is higher than our stated price, if the subscription is no longer offered or if we determine that there were inaccuracies in our subscription information, we will cancel your order and notify you of such cancellation via email.
All gift cards, e-gift cards and other gift certificates are deemed purchased in and issued from the State of Ohio. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Fresh Season respects the intellectual property of others.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
- A statement that the complaining party "in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law"
- A statement that the "information in the notification is accurate", and "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"
The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent:
Gerry Davidson, Esq.
Fanger & Associates LLC
36 Alpha Park
Highland Hts. OH 44143
Email: [email protected]
Attn: DMCA Office we caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. these include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. you may also be subject to criminal prosecution for perjury.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
We provide links and access to third-party websites or services that contain information that is provided as a service to those interested in the information. Fresh Season neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites. Accordingly, Fresh Season does not endorse or adopt these websites or any information contained therein including specifically any governmental website we provide as a courtesy to our customers regarding internet safety and senior citizen information and Fresh Season makes no representations or warranties whatsoever regarding their accuracy or completeness.
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and state and federal government sites. Fresh Season is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Fresh Season strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Fresh Season of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.
your use of third-party websites and resources is at your own risk
Fresh Season cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.
the site and all information, content, materials, products, services and user content included on or otherwise made available to you through the site (collectively, the "site contents") are provided by fresh season on an "as is," "as available" basis, without representations or warranties of any kind. fresh season makes no representations or warranties of any kind, express or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent from fresh season are free of malware or other harmful components. you expressly agree that your use of the site is at your sole risk. to the full extent permitted by law, fresh season disclaims any and all representations and warranties with respect to the site and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop-up texts or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by Fresh Season from the United States, and is not intended to subject Fresh Season to the laws or jurisdiction of any state, country or territory other than that of the United States. Fresh Season does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The information contained on any pages of the site is intended for educational purposes only. it is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. talk to your doctor or pharmacist before taking any medication (including any herbal medicines or supplements). only your doctor or pharmacist can provide you with advice on what is safe and effective for you.
This web site and our products are not designed to, and does not, provide medical advice. all content (“content”), including text, graphics, images and information available on or through this web site are for general informational purposes only.
The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. never disregard professional medical advice, or delay in seeking it, because of something you have read on this website or discussed with our callers. never rely on information on this website or discussions with our callers who are no medical personnel, in place of seeking professional medical advice.
Our company is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. you are encouraged to confer with your doctor with regard to information contained on or through this website. after reading articles or other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.
In accordance with the ftc guide lines concerning use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this site are actually received via email, text, audio or video submission. they are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. however, they are individual results and results do vary. we do not claim that they are typical results that consumers will generally achieve. the testimonials are not necessarily representative of all of those who will use our services.
The testimonials displayed (text, email, audio and/or video) are given verbatim except for correction of grammatical or typing errors or edited for length. some have been shortened. in other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.
Our company is not responsible for any of the opinions or comments posted to our site. is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. to prevent against abuse, all testimonials appear after they have been reviewed by management of fresh season llc. our company does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer.
Additionally, these testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate or prevent any disease. these claims have not been clinically proven or evaluated by the fda.
the materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. in no event shall fresh season llc. or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if fresh season llc has been advised of the possibility of such loss or damages.
this is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if fresh season has been advised of or should have known of the possibility of such damages. if you are dissatisfied with the site, any product on the site, any content on the site or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. you acknowledge, by your use of the site, that your use of the site is at your sole risk. applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. the foregoing paragraph shall not apply to residents of new jersey. with respect to residents of new jersey, fresh season or its employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of fresh season’s negligent, fraudulent or reckless acts or intentional misconduct.
each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and fresh season. this allocation is an essential element of the basis of the bargain between you and fresh season. the limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Fresh Season and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you, , or any User Content submitted by you.
Except as explicitly stated otherwise, any notices you send to Fresh Season shall be sent by mail to Fresh Season LLC, Customer Service, P.O. Box 94, Chesterland, OH 44026. In the case of notices Fresh Season sends to you, you consent to receive notices and other communications by Fresh Season posting notices on the Site, sending you an email at the email address listed in your profile in your account or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Fresh Season provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, 3 days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected] . You may also contact us by writing to Fresh Season LLC, Customer Service, P.O. Box 94, Chesterland, OH 44026, or by calling us at 440-605-9641 and asking for Fresh Season Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that all matters relating to your access to or use of the site and all matters arising out of or related to these terms & conditions, including all disputes, will be governed by the laws of the state of Ohio, United States of America, without regard to Ohio's choice of law principles. you furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these terms & conditions shall be the united states district court for the northern district of ohio, and you submit to the personal jurisdiction of that court. if subject matter jurisdiction (including diversity jurisdiction) does not exist in the united states district court for the northern district of ohio, then the exclusive forum and venue for any such action shall be the courts of the state of ohio, located in cuyahoga county, and you submit to the personal jurisdiction of that court. the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. you agree that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the site and/or these terms & conditions will be resolved individually in the forum designated in this section, without resort to any form of class action; and, except for new jersey residents and where otherwise prohibited by law, (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
These Terms & Conditions, including policies and information linked from or incorporated herein or published elsewhere on our website, constitute the entire agreement between you and Fresh Season with respect to the Site and supersede all prior or contemporaneous communications, agreements and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Last update: 6/21/18