PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The following Terms and Conditions, as they may be modified from time to time ("Terms"), govern your use of the www.transfresh.com website (the "Site"). By accessing and using the Site, you acknowledge and accept the Terms. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Terms constitute a legally binding contract between you and Us regarding your use of and access to the Site.
The Site is provided by TransFresh Corporation, a subsidiary of Chiquita Brands, L.L.C. (“We,” “Us” or “Our”) for your personal use, subject to the Terms. We may change the Terms from time to time and at any time, and without actual notice to you. By using the Site after we post any changes, you shall be deemed to have accepted those changes, whether or not you have reviewed them. If at any time you choose not to accept the Terms, please do not use the Site.
The site and any software accessible or downloadable therefrom, as well as any communications service, including the capability to contribute material through a contribution form, chat room, message board, newsgroup, blog, or other interactive service that may be available to you on or through the Site (collectively, the "Services") are provided to you solely for your personal purposes. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site for noncommercial purposes, conditioned on your continued acceptance of and compliance with the Terms. By using the Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, We reserve the right to terminate this license and your use of the Services and/or to refuse any and all current or future use of the Services at any time and for any reason. We specifically reserve any rights not explicitly granted in these Terms.
Unless otherwise noted, all software, information, text, articles, data, images, screens, web pages or other materials appearing on the Site ("Materials") are Our exclusive property unless a different ownership is indicated. You may download one machine readable copy and one print copy of individual screens appearing as part of the Site solely for your personal informational, non-commercial use only, provided that the copy includes each copyright or trademark notice or attribution as it appears on the pages copied, and provided the copy indicates the TransFresh copyright notice (see Intellectual Property Rights, below). The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these Terms, without the express written permission of Us. You may not use anything contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise, except as to any software which is separately and specifically licensed to you.
You may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” or “OK” or other words to that effect that acknowledge for acceptance of the terms of a Click-Through Agreement. To the extent there is a conflict between the Terms and any such Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement terms will govern.
Prohibited Acts
You may not use the Site or Services to:
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content") that:
- is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful, or that contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; o Constitutes another’s proprietary or confidential information including that learned or disclosed as part of employment relationships or under nondisclosure agreements;
- Infringes any patent, trademark, trade secret, copyright, right of publicity, moral right, personal right, or other proprietary rights of any party;
- Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• "Stalk" another;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a TransFresh official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted to or through the Site;
• Act in a manner that negatively affects other users' ability to use the Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Services or servers or networks related to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
• Harvest, collect or store information about the users of the Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site, or in violation of any law, or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications; or
• Intentionally or unintentionally violate any applicable local, state, national, or international law.
Materials and Content Submitted
You understand and acknowledge that:
• We are not responsible for Content submitted to Us or posted to the Site by users;
• We do not pre-screen, monitor, review, or edit the Content posted by users;
• We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the Terms;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Us, Our users, or the public.
• You may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other Materials created by Us or Content submitted to Us;
• The views expressed on the Site do not necessarily reflect the views of Us;
• We do not support or endorse Content posted or submitted by you or any user or Materials (whether or not edited by Us or Our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content);
• Materials you view, and Content you submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content or Materials;
• We and Our designees have the right (but not the obligation) at our sole discretion to refuse or to remove any Content, in whole or part, that in Our judgment, does not comply with the Terms or is otherwise undesirable, inappropriate, or inaccurate, however, We are not responsible for any failure, non-failure, or delay in removing such Content;
• You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of submitted Content or other communication to Us;
• You will not upload or transmit any communications or Content of any type to the Site that infringes or violates the rights of any party;
• You will only upload media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license;
• You will not submit any media or Content that contains personally identifiable information (like name, phone number, email address) of you or anyone else without written permission;
• By uploading any media or Content on the Site, you warrant that you have permission from all persons appearing in such media or Content for you to make this contribution and grant the rights described in the Terms;
• You will immediately notify Us of any unauthorized use of the Services or any other breach of security known or suspected by you;
• The technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users, and any or all Content or Materials on the Site may be purged periodically in Our sole discretion.
Restrictions On Use of Materials
This Site is intended for personal informational purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt, create derivative works, or in any way exploit the Content or Materials on the Site without Our prior written consent or the consent of all other entities with an interest in the relevant intellectual property. To seek Our permission, you may write to Us at the email or address provided under “Our Contact Information.” Unless permission is granted by Us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You agree to abide by all copyright notices or other restrictions contained on the Site.
Submissions and Confidential Materials
While We welcome your comments and feedback regarding the Site, We are under no obligation to respond to all pieces of correspondence received through the Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or any e-mail connection or otherwise. Any information or material submitted or sent to Us, or submitted to or via the Site, will be deemed not to be confidential or secret. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Us shall become and remain Our property. Any such submission by you is a declaration of the full release of all proprietary claims, confidentiality, and intellectual property rights regarding your submission.
You should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, you agree to accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
User's Grant of License
By communicating with Us, including submitting or sending Content or other information or material to or via the Site, you grant Us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, publish, and display such Content (in whole or part), including any information, suggestions, ideas, drawings, or concepts contained in such Content, and to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, intellectual property compliance, legality, decency, and all other aspects of Content you submit or other communication by you to Us. You also warrant that all "moral rights," “personality rights,” right of privacy and right of publicity in each such submission and Content have been waived.
Linked Sites
You may be able to link to third parties' websites ("Linked Sites") from the Site. We reserve the exclusive right, at Our sole discretion, to add, change, decline, or remove, without notice, any feature and any link to the Linked Sites and/or to introduce different features or links to different users. The fact that another party has linked to the Site does not necessarily mean that such link has been approved by Us. Linked Sites are not reviewed, controlled, or examined by Us in any way, and We are not responsible for the content, availability, advertising, products, or other materials on or pertaining to such Linked Sites. We provide the links to you only as a convenience and the inclusion of any such link on the Site does not imply Our endorsement of the Linked Sites, the organization operating such Linked Sites, or any products or services of that organization. Your linking to any other websites is entirely at your own risk.
Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under all laws including copyright, secrecy, defamation, decency, privacy, and export laws. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation of links or your use of the Linked Sites or the information or material accessed through the Linked Sites. You should direct any concerns to the Linked Sites’ administrator or webmaster.
To seek Our permission to link to the Site, you may write to Us. We reserve the right, however, to rescind any permission granted by Us to link through any type of link, and to require termination of any such link to the Site, at Our discretion at any time.
WARNING: THE SITE AND THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OBJECTIONABLE OR OFFENSIVE OR UNSUITABLE FOR MINORS AND OTHER SENSITIVE PERSONS. IF YOU ENTER THE SITE OR THE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THE SITE OR THE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY, OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THE SITE AND THE LINKED SITES. YOU HEREBY ACCEPT THE CONSEQUENCES OF ACCESSING THE SITE AND THE LINKED SITES.
Intellectual Property Rights
This Site is protected by the copyright and other laws of the United States. Unless otherwise specified, all Materials contained in this Site are the copyrighted property of Us and Our affiliates or licensors. The copyright notices shall not be removed from the Site or the Materials. The Site and Materials are protected by copyright under both United States and foreign laws. Any use thereof not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. The Materials and the Site are subject to change or termination without notice in Our editorial discretion. All rights not expressly granted herein are reserved to Us and Our licensors.
If you violate any of the Terms, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Site.
The following trademarks belong to the Company and may only be used with the written permission of the Company: TRANSFRESH® and TECTROL® and related design marks are trademarks belonging to Us.
All other trademarks and service marks that appear on the Site or in the Content or Materials are the property of their respective owners and are used solely to refer to those companies’ goods and services. Reference to or use of a product, service, or process or name thereof does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Us. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Ours or any third party, except as expressly granted herein. Address any inquiries concerning usage of Our trademarks, copyrights, or designs to the address given under ”Our Contact Information.”
As between Us and you, We or Our licensor(s) are the sole owner of all Materials and Content on the Site, and U.S. and non-U.S. copyrights, patents, trademarks, trade secrets, and other intellectual property rights pertaining thereto. Except as otherwise specifically provided in the Terms, no portion of the Site, the Content or Materials may be used, displayed, duplicated, modified in any way, distributed to or used by another, in whole or in part, without the prior written permission of the owner. You may, however, download one machine readable copy and one print copy of individual screens appearing as part of the Site solely for your personal informational, non-commercial use, provided that all trademarks, copyright notices and other legends that appear on the copied screens remain on the screen copies, that the copyright notice “© 2011 TransFresh Corporation, All Rights Reserved” appears on all pages of any such copy, and provided such notices are not removed from the printed or stored images of the screen copies. All title and intellectual property rights in and to the content of the Linked Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of Ours or any third party, nor any right, title or interest in or to any portion of the Site, or the copyright therein.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Parental Permission
This Site is not intended to be a children's site; therefore, some of the available information may concern certain topics that may not be appropriate for children. We may, at Our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and We may limit access to certain content to users above a specified age. You agree to abide by any such restrictions and not to help anyone avoid these restrictions. We do not knowingly solicit or obtain information from children under the age of 18.
Disclaimer Of Warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT, MATERIALS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE AND CONTENT AND MATERIALS THEREON, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF THE FOLLOWING: (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN ITS CONTENT; (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE; OR (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR CONTRIBUTED CONTENT. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR THE RESULTS ACHIEVED BY SUCH USE. As a visitor to and user of the Site, you must assume full responsibility for any costs associated with servicing of software and equipment used in connection with use of the Site.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The use of the Site, the Services, the Content and the Materials is at your own risk. The information contained herein is intended, but not promised or guaranteed to be, correct, complete, and up-to-date. Without limiting the foregoing, We, Our licensors and suppliers make no representations or warranties concerning either the accuracy, reliability, completeness and timeliness of the Content, Services, Materials, or information on the Site, or any software, text, graphics, links, or communications provided on or through the use of the Site, the satisfaction of any government regulations, or the approval or compliance of any software tools with regard to the Content, Services and Materials contained on the Site.
Exclusion of and Limitation Of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT OR INDIRECT LOSS OR DAMAGE, ANY COMPENSATORY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY OR UNAVAILABILITY OF, USE OF, RELIANCE ON, OR INABILITY TO USE THE SITE, MATERIALS OR SERVICES, EVEN IF WE OR OUR AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE, MATERIALS OR SERVICES; OR (iii) ANY LOSS OF DATA OR FROM ANY EQUIPMENT FAILURE; OR (iv) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, CONTENT OR MATERIALS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SITE. AS A VISITOR TO AND A USER OF THE SITE, YOU, IN EFFECT, AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS ARE AT YOUR OWN RISK.
Indemnification
You agree to defend, indemnify, and hold Us, Our affiliates, officers, directors and employees harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site, Content, Materials or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you, or any violation of these Terms by you or users authorized by you. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defense.
Copyrights and Take Down Procedure
We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address identified in the ”Our Contact Information” section of these Terms:
• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as noted under the section, “Our Contact Information.”
Removal in Error-Counter Notice
If your Content was removed through the procedure described above, and you believe that it was removed in error, we suggest that you first try to contact the rights owner directly. If the rights owner agrees that a mistake was made, ask the rights owner to email Us and We will allow you to resubmit your Content.
You may have the option of filing a Counter Notice with Us if you feel that your Content was removed in error and you have not been able to come to an agreement with the rights owner. A Counter Notice is a form We provide in compliance with the requirements of the federal law known as the Digital Millennium Copyright Act. The form is a legal document that requires you to certify under penalty of perjury that your Content was not infringing and was removed by mistake. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to Us.
If you are interested in filing a Counter Notice, please contact Us at the address given, and provide Us with the additional information regarding your appeal. Once a valid Counter Notice is submitted, We will provide a copy of the notice to the reporting party and will advise them that the Content will be reinstated after 10 business days if We do not hear from the reporting party that it has filed an action seeking a court order to restrain you from re-posting the Content.
Our Contact Information
You may email us at info@transfresh.com.
We are located at:
607 Brunken Avenue
Salinas, CA 93902
Mailing address
P.O. Box 1788
Salinas, CA 93912
(831) 424-2911 or (800) 421-2328
Applicable Laws / Jurisdiction
Please remember that, although the Internet is global in scope and this page can be read from anywhere in the world, We do not necessarily conduct business in the jurisdiction where it is being read.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Us or relating in any way to your use of the Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Us or Our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Regardless of any law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one year after such claim or cause of action arose or be forever barred.
We make no claim regarding access or use of the Site outside of the United States. If you use or access the Site outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws and regulations of your jurisdiction as well as the Terms.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable in a given jurisdiction, that portion shall be construed in that jurisdiction in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect in that jurisdiction.
Complete Agreement
These Terms represent the entire understanding relating to the use of this Site and prevail over any prior or contemporaneous, conflicting or additional, communications. We reserve the right to revise these Terms at any time without notice by updating this posting.
Assignment
You shall not transfer, assign, sublicense, nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. We may transfer, assign, sublicense, or pledge in any manner whatsoever any of Our rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact Us at the address given at ”Our Contact Information.”
TRANSFRESH WEBSITE PRIVACY POLICY
This Privacy Policy is effective March 1, 2011. By using the transfresh.com website (the "Site"), you signify your acceptance of Our Privacy Policy. If you do not agree to this policy, please do not use the Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept these changes. Questions regarding this Privacy Policy should be directed to us at: the address given at ”Our Contact Information.”
Our Commitment
We respect your concern about privacy. This Privacy Policy will tell you how We protect your personal information, and will describe the choices you have concerning Our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on the Site. We will post changes here.
Online Information Gathering
Information collected online is often defined as being either “personally identifiable” (which lets Us know the specifics of who you are, such as your name, e-mail address or postal address) or “anonymous” (which is information that cannot be tied back to a specific individual).
Personally Identifiable Information
The choice of how much of your personally identifiable information is disclosed to Us is left completely up to you. By using Our Site, you consent to the collection and use of your personal information by Us.
The only way We know something about you is when you use the Site, or you voluntarily disclose your information such as a credit card number, address, phone number, fax number, e-mail address, demographic, and other personal and financial information when you fill in a form, email or write to Us or otherwise communicate with Us.
In some cases, such as on list services, discussion boards, or other forums, any personal information provided may become publicly available to Our members and possibly the larger general public. Users should be aware that when they voluntarily disclose such personal information (e.g. user name and e-mail address as used in a signature line), that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
Please note that if you are an active on the Site, you may have been assigned a membership identification and password to be used for accessing the certain restricted areas of the Site. This information is maintained by Us and is used solely to allow you to access the restricted area
We may use your personal information for purposes such as providing and improving Our services, responding to your requests, servicing your account, providing you with products, services or information you may request, communicating with you, informing you about new products and services that may be of interest and to improve the Site. We may collect the following types of information.
(1) We receive and store information that you provide to us. When you purchase products or services from Our Site, register with the Site, participate in a Site offering, or request information from Us, you may provide Us with personal information, such as first and last name, home address, email address, telephone number, social security number, username, password, other unique identifiers, gender, birth date, financial information such as credit card number, credit card expiration date, purchase history and other purchase data, areas of interest, offers that you may be interested in receiving, and demographic information (such as income level), among other personal information.
(2) We track, receive and store certain information based on your use of the Site. For example, We may use cookies on certain pages of the Site. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable Us to collect and provide you with information targeted to your interests or preferences. You can set your browser to notify you when you receive a cookie, and you can choose to delete any cookies you receive.
(3) “Tags” are scripts used to track a user’s activity on the Site by web analytics software. Your activity is anonymous if you are not logged in; however, when logged in, additional information may be passed through these tags. Tags are used for activities such as determining effectiveness of the Site’s design, information architecture and consumption of information and services on the Site.
(4) When you provide personally identifying information on the Site, such as by subscribing to publications or making purchases, We may retain personal information from you such as name, address, phone number, birth date, billing and delivery information, email address, financial account information and demographic information. This information is for Our internal use only.
Opt-Out Policy
You may opt out of receiving communications from Us by emailing Us as indicated above. These unsubscribe options are also included in email communications that We send to you. If you wish to stop receiving communications from any other parties, you must communicate with them directly.
Security of Information
We use technical safeguards to protect the security of information you provide to us, including encryption, firewalls, and Secure Socket Layer (SSL) or similar technology. You should never share your password with anyone.
Children
Our site is not directed to, and We do not knowingly collect any personal information from, children under the age of 18. If you are under the age of 18, you may only use this site under the supervision of your parents or guardians.
Changing Your Information
You may review and request changes to any of your personal information collected through the site by sending Us an email as indicated above.
Anonymous Information
We collect and archive basic logging for site statistics. These log files show the daily number of visitors to our site and its subdirectories, the daily requests We receive for particular files, what server locations those requests come from, including from which countries, as well as the domain name of the server or browser accessing the Site. These aggregated statistics are primarily used internally to provide better service to the public, but may also be provided to others.
Non-disclosure
We do not sell, rent, lend or give personally identifiable information collected from you on the Site to marketers. Although unlikely, We may be required by law enforcement or judicial authorities to provide personally identifiable information. In these cases, We will provide this information as and to the extent we have determined that the disclosure of any such information is appropriate.
Cookies
We may utilize identification numbers stored in a file on your computer (“cookies”). Cookies by themselves cannot be used to find out the identity of any user.
Links
Users may find links to other sites or services on the Site. We do not control the content or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. The fact that We have made these links available to you is not an endorsement or recommendation to you by Us. We provide these links only as a convenience.
Other companies linked to this site may collect information about you when you view their websites or click on their links. We cannot control this collection of information. You should contact these content providers directly if you have any questions about their use of the information they collect. These sites and services may have their own privacy policies, or no policy at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information. We are not responsible for the privacy practices or content of such third party websites.