Terms and Conditions

 USER AGREEMENT 

1. Introduction: 

This is the legally binding user agreement (“terms”) between Fresh Gravity, a California corporation, hereinafter referred to as (“We/we”, or “Us/us” or “Our/our” or “Company/company” or “Fresh Gravity/”) having its registered office address at 2445 Augustine Dr., Suite 150, Santa Clara, CA 95054 and user(s) hereinafter referred to as (“You/you” or “Your/your”). These Terms and Conditions (“terms”) contained herein on this webpage, shall govern your use of this website, including and not limited to all the associated/partnered websites and/or associated/partnered applications and/or associated/partnered social media and/or subscription pages and/or communication (collectively “website”). These terms apply in full force and effect to your use of this website, and by using this website, you expressly accept all terms and conditions contained herein in their entirety. You must not use this website, if you have any objection to any of these terms. We reserve the right to unilaterally change, modify, add or delete portions of the terms at any time, without prior notice. Please review the terms periodically for changes. Your continued use of the website shall mean that you accept all such changes or deletions. 

2. Our Content: 

We may contribute articles, opinions, and other textual and/or audiovisual content on this website entirely at our sole discretion, in the form of “blogs”. These blogs are generated by our employees or by any other individuals as authorized by us from time to time. You hereby acknowledge and agree that these blogs constitute the opinions of the employees and/or of any other individuals as authorized by us from time to time, in their personal capacity, and may not represent official positions of Fresh Gravity in any manner. We retain all copyright to these blogs. You may be permitted to post comments and feedback to these blogs and your comments and feedback shall be governed by the Clause 9 – Website Usage and such other terms applicable as per our sole discretion. 

3. Your content: 

We do not and cannot review, generally, the content posted by you on the website and are not responsible for such content or any liabilities arising therefrom. However, we reserve the right to cancel your access to the website and/or delete, move, or edit any of your content on the website that we may determine, in our sole discretion, of violating the terms. You shall remain solely responsible for all the content posted by you or by any other person using the website on your computer resources. You agree that you shall only post, upload, input, provide or submit (“post”) that content for which you have the authority to post or of which you are the owner. We do not claim ownership of the content you provide to us (including feedback and suggestions) or post, upload, input or submit to any section of the website. However, by posting, uploading, inputting, providing or submitting (“posting”) your content on the website, you are granting us, our affiliated companies and necessary sub-licensees a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license and permission to use your content in connection with the operation of our business including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content; to publish your name in connection with your content; and the right to sub-license such rights to any other party. You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of your content by us, as provided herein. We shall be under no obligation to post or use any content you may provide and we shall remove any content at any time at our own sole discretion. By posting content on the website, you hereby warrant and represent that you own or otherwise control all of the rights required under worldwide law for your submission as described in these terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content. We do not want to receive confidential information from you through or in connection with the website. Notwithstanding anything that you may note or state in connection with sharing content, it shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you share, other than as specified in our privacy policy. 

4. Monitoring: 

We have no obligation to monitor the website or screen content that is shared on or through the website. However, we reserve the right to review the website and content and to monitor all use of and activity on the website, and to remove or choose not to make available on or through the website any content in our sole discretion. We may remove content that is confidential or proprietary to a third party without that third party’s permission. 

5. Third Party Content: 

Our website may contain links to third-party web sites or services that are not owned or controlled by us. Links on the website to third party web sites or information are provided solely as a convenience to you. You acknowledge and agree that the third-party content is neither created nor endorsed by us. You acknowledge that the third-party content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by us or the providers of the third-party content as to its accuracy, completeness, timeliness. By using any third-party Content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than us. If you decide to visit any such website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this website sponsors, endorses, recommends, is affiliated, or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol, information, displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of us or any of our affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We reserve the right to terminate any link to outside services or resources at any time at our own discretion. 

6. Use of Community Services: 

Community services may include services provided by us through the means of (including and not limited to) our social media platforms (LinkedIn, Facebook, Twitter and Instagram etc.). The community services are provided as a convenience to users and we are not obligated to provide any technical support for, or participate in, community services. While community services may include information regarding our products and services, including information from our employees, they are not our official customer support channel. You may use community services subject to the following: (a) community services may be used solely for your personal, informational, non-commercial purposes; (b) content provided on or through community services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by us. 

7. Availability of Products/Services: 

Information on the website may refer or cross-refer our products, programs, or services that might not be available in your location. Such references do not imply that we plan to make such products, programs, or services available in your location. Please email us at info@freshgravity.com for more information. 

8. Your Information: 

When you are contacting us or applying to us for any reason whatsoever, you must provide accurate, complete, and current information and you agree to provide us with any updates to that information promptly after such changes occur. Unless you elect otherwise by making the appropriate selection on the requested information page, we shall have the right to disclose certain limited information of you including, but not limited to, your name, e-mail and mailing address, to affiliates, partners and third-party vendors for the purpose of providing you with information about products and services. We shall also have the right to disclose aggregate information about your usage and demographics in a manner that does not reveal your personal identity. We shall have the right to send you electronic mail to inform you of changes or additions to the website, or of any of our products and services. 

9. Website Usage: 

In connection with your use of the website, you agree that you shall not (Indicative only and not exhaustive): 

  • Use the website in violation of these terms; 
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third party to do so; 
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the content or website in any way; 
  • Use or launch any automated system, including without limitation “deep-link”, “page-scrape”, “robots,” “spiders,” or “offline readers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website; 
  • Use the website in any manner that damages, disables, overburdens, or impairs website or interferes with any other user(s) use and enjoyment of the website; 
  • Mirror or frame the website or any part of it on any other website or web page; 
  • Attempt to gain unauthorized access to the website; 
  • Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website; 
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any systems or networks connected to the website; 
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the website. 
  • You shall not contribute any content or take any action that may in any manner adversely affect our reputation, or that is otherwise detrimental to us. 
  • You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information. 
  • You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language. 
  • You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, you shall not post any material for which you do not have requisite and applicable right(s) under law. 
  • You shall not upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. 
  • You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. 
  • You shall not advertise or offer to sell or buy any goods or services for any business purpose. 

10. Limited License: 

Subject to the terms set forth, we grant you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the website in any manner. Unless otherwise specified, the website is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. 

11. Intellectual Property Rights: 

Other than content you own, which you may have opted to include on this website, under these terms, We and/or our licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these terms, for purposes of viewing the material contained on this website. All text, material, data, and information, data files, description of our services or/and our products, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos and computer code etc. (“content”), contained on the website is owned, controlled or licensed by or to us, and is protected by applicable intellectual property and other laws, including trademark and copyright laws. We own and retain all copyrights in the content. You acknowledge that we do not make any representations or warranties about the content which you may have access to. Under no circumstances we are liable in any way for any content, including, but not limited to any infringing content, any errors, or omissions in content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, linked from, or otherwise accessible through or made available via the website. You should review the terms before you use the content so that you know what you can and cannot do. Except as expressly provided in these terms, no part of the website and no content may be copied, reproduced, modified, published, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You also agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the content, in whole or in part, by any means. Our logos and trademarks are trademarks and the property of us. The appearance, layout, color scheme, and design of the website are protected trade dress. You do not receive any right or license to use the foregoing. We may use and incorporate into the website any suggestions or other feedback you provide, without payment or condition. You may use the website solely for your non-commercial, personal purposes and/or to learn about our products and services, and solely in compliance with these terms provided that you do not remove any proprietary notice language in content or part of content, do not copy or post such content or part of content on any networked computer or broadcast it in any media, make no modifications to any such content or part of content and not make any additional representations or warranties relating to website, such content or part of content or/and our products or/and services. 

12. Indemnification: 

You understand and agree that you are personally responsible for your behavior on the website. You agree to indemnify, defend and hold Fresh Gravity along with its affiliated companies, employees, agents, and any third-party information providers harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to appropriately use the website or the content, or any violation by you of these terms. 

13. Minor(s): 

You may use the website only if you agree to form a binding contract with Fresh Gravity and are not a person barred from using the website under the laws of the applicable jurisdiction. This website is not for use by any minor(s), which shall be any person under the age of 13 years, and you must not use this website if you are a minor(s). 

14. Privacy Policy: 

By using the website, you accept the terms of Privacy Policy which is an integral part of these Terms. Please refer to our Privacy Policy for information regarding our collection, use and storage of your information. 

15. Disclaimer: 

Except where expressly provided otherwise, the website, and all content provided on or through the website, are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the site and all content provided on or through the site. We make no warranty that: (a) the website or content will meet your requirements; (b) the website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any content provided on or through the website will be accurate or reliable; or (d) the quality of any content purchased or obtained by you on or through the website will meet your expectations. Any content accessed, downloaded or otherwise obtained on or through the use of the website is used at your own discretion and risk. We shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content. We reserve the right to make changes or updates to, and monitor the use of, the website and content provided on or through the site at any time without notice. 

16. Limitation of Liability: 

In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the website or any content provided on or through the website. 

17. Exclusions and Limitations: 

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these terms, do not apply and all other terms shall remain in full force and effect. 

18. No Waiver: 

The failure of us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. 

19. Assignment or Transfer: 

We reserve the right to assign or transfer the performance of this agreement to our subsidiary or our holding company or acquirer as the case may be from time to time. 

20. Headings: 

The paragraph headings in this agreement are inserted for convenience only and shall not be construed to limit or modify the scope of any provision of this agreement. 

21. Entire agreement: 

These terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. 

22. Severability: 

The terms of this user agreement are severable. If any term or provision is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, the remainder of the provisions shall continue to be valid and enforceable. 

23. No Third-Party Rights: 

Nothing in this agreement shall be construed as creating or giving rise to any rights in third parties or persons other than the named parties to this agreement. 

24. Disputes: 

In case of any disagreement arising out of these terms, the parties shall first internally attempt for a resolution within ___30____ days. If the parties fail to resolve the issue, either of them may choose to continue the arbitration. These proceedings shall take place in ____Santa Clara___ city, California State, the United States of America. The award passed by the Arbitrators shall be final and the courts of ____Santa Clara_____ city, California State, the United States of America, shall have exclusive jurisdiction. The Arbitration shall be conducted in English language only. 

25. Governing law: 

This agreement shall be governed by and construed in accordance with the laws of USA. The courts of Santa Clara city, California State, the United States of America shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this agreement. 

26. Contact: 

If you have any questions about these terms, please contact us by email at info@freshgravity.com . 

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