Last Updated: December 1st, 2021
Compelled Disclosures Policy
IF YOU DO NOT AGREE TO ANY OF THESE POLICIES, YOU MAY NOT USE THE SERVICES.
You agree to the following related agreements as of the Effective Date (provided they are applicable).
Business Associate Agreement(provided you are a “covered entity” under applicable law)
Service Level Agreement
IF YOU DO NOT AGREE TO ANY OF THESE AGREEMENTS (PROVIDED THEY ARE APPLICABLE), YOU MAY NOT USE THE SERVICES.
The Services include the Freshstart platform, any mobile app associated with the platform, any documentation regarding the platform, and any related products and/or services. The Services may also include our website (“Website”), where applicable below.
Freshstart may modify any aspect of the Services at any time, with or without notice. Freshstart makes no representations as to whether any information regarding any aspect of the Services is current and undertakes no obligation to update such information.
You agree that the License does not grant you any other rights in the Services, including any intellectual property rights, and does not include any right to copy, distribute, modify, or otherwise use the Services in any way outside the scope of the License. Nor does the License include any right to make derivative works based on the Services. Nor does the License include any right to use the Services after the termination of the License. Nor does the License include any right to access, evaluate, or otherwise use the source code, object code, or other code associated with the Services, unless the Parties otherwise agree in writing.
You agree that the License applies only to: (a) you (including any persons who you authorize to manage the Services); and/or (b) any persons who you require to use the Services (“End Users”).
At anytime after the Initial Term, you may terminate your License to use the Services by closing your Account with ninety (90) day written notice to Freshstart, subject to your payment of any Fees that may be due for your use of the Services.
Freshstart may terminate your License to use the Services by closing your Account at any time, with or without notice, and for any reason, including: (a) your misuse of the Services; (b) prevention of any attempted, threatened, or suspected misuse of the Services; (c) compliance with any valid governmental demand; or (4) non-payment of any Fees that may be due for your use of the Services. Freshstart may notify you that your License has been terminated, but we are not required to provide such notification.
Freshstart may suspend your License to use the Services for the same reasons that it may terminate the License. Freshstart may also suspend your License in order to perform maintenance on the Services or any computer systems associated with the Services. Freshstart may suspend your License for as long as necessary to address the reasons for the suspension. Freshstart may notify you that your License has been suspended, but we are not required to provide such notification.
You agree to pay the Fees for the use of the Services set forth on our Website or in a separate agreement regarding the Services. Freshstart reserves the right to change the Fees at any time and may terminate or suspend your Account for nonpayment of any Fees that may be due for your use of the Services.
You will be asked to provide Freshstart with a credit card number or with sufficient information for Freshstart to invoice you for the Fees when an Account is created. Your credit card will be charged for the Fees or Freshstart will send you invoices for the Fees. You may elect in your Account to pay the Fees on an annual, semi-annual, or monthly basis. The first charge will be on or about the date the Account is created, and subsequent charges will be on or about the first day of the next pay period. Your credit card may be charged or you may be invoiced for any hardware that you purchase through Freshstart for use in connection with Services.
If you pay the Fees by credit card, you are responsible for ensuring that a valid credit card number is associated with your Account at all times. Your Account may be terminated or suspended at any time if any credit card payment is declined. If a credit card payment is declined for any reason, Freshstart will endeavor to contact you, but we are not required to provide such notification.
If you fail to pay any invoice within forty-five (45) days, the invoice will accrue interest after that date until paid in full at the rate of one percent (1.5%) per month, compounded monthly and computed on a per diem basis.
Invoices for the first and last months of access to the Services will not be prorated, regardless of the date on which your Account is opened or closed, and regardless of who closes the Account, unless the Parties otherwise agree in writing.
You will pay all applicable sales and other taxes related to the purchase of the Services or provide Freshstart with a valid certificate of exemption excusing you from paying such taxes.
Freshstart will provide you with reasonable support regarding the use of the Services (“Help Desk Support”) and connectivity to Freshstart computer network (“Network Support”) (collectively “Support Services”). Freshstart will provide Support Services during normal business hours.
Confidential information may include information regarding: (a) the intellectual property associated with the Parties’ products and services (“Intellectual Property”); (b) the Parties’ products and services; and (c) the Parties. Confidential Information includes information in the above categories: (a) whether or not the information is marked confidential; (b) whether or not the information is disclosed in written form or verbally; and (c) whether or not the information is disclosed before or after the Effective Date of this Agreement. Confidential Information does not include information: (a) that was public knowledge at the time of disclosure or becomes public knowledge after the time of disclosure through no action of the Receiving Party; (b) that was otherwise known to the Receiving Party at the time of disclosure; or (c) that is subsequently obtained from a third party under no confidentiality obligation to the Disclosing Party, unless the information reasonably should be considered confidential.
If the Receiving Party receives a valid government demand for the Disclosing Party’s Confidential Information, such as a court order, search warrant, or subpoena, the Receiving Party will promptly inform the Disclosing Party (unless such notice is prohibited), and upon the Disclosing Party’s request, the Receiving Party will provide reasonable assistance in maintaining the confidentiality of the information. If the Receiving Party discloses any of the Disclosing Party’s Confidential Information, it will only disclose the information strictly required by the government demand.
Upon the expiration or termination of the Parties’ relationship, or upon the Disclosing Party’s request, the Receiving Party, at its own expense, will promptly return all of the Disclosing Party’s Confidential Information. Alternatively, if the Disclosing Party agrees, the Receiving Party may provide the Disclosing Party with written assurance of the destruction of such Confidential Information.
You understand that Freshstart does not wish to receive any Confidential Information that is not necessary for Freshstart to perform its obligations under this Agreement. Freshstart will not treat such information as confidential, unless the Parties otherwise agree in writing.
Freshstart patent rights include the subject matter described in Freshstart patents and pending patent applications. You may not make, use, offer, or sell any products or services covered by our patent rights without our prior written permission. All patent rights in third-party products or services used in connection with the Services are the property of their respective owners.
You may use excerpts of the text appearing on the Website when referring to Freshstart or the Services, provided that you acknowledge that Freshstart is the source of such text and do not use such text to compete with Freshstart. You may use the trademarks appearing on the Website when referring to Freshstart or the Services, provided that you acknowledge Freshstart ownership of the trademarks, do not use such trademarks to compete with Freshstart, and do not use any images of the trademarks without Freshstart prior written permission.
If you provide Freshstart with any comments or suggestions concerning the Services, Freshstart owns such comments or suggestions and may use them for any and all commercial or non-commercial purposes with no monetary or other obligation to you.
During the Term and for an additional thirty (30) days, Freshstart may indicate on the Website and in other advertising and promotional materials that you use the Services, and we may use your name and logo in doing so, if applicable. You may indicate on your website and in other advertising and promotional materials that you use the Services, and you may use our name and logo in doing so. You may not make any other statements regarding your use of the Services, including in press releases, unless the Parties otherwise agree in writing. You may not remove Freshstart name, logo, or intellectual property notices from our products, services, or documentation, unless the Parties otherwise agree in writing.
To use the Services, you will need to open an Account or Freshstart will need to open an Account on your behalf. You agree that you will maintain the security of your Account by protecting against unauthorized access to your login credentials and the information in your Account, and by not voluntarily allowing anyone else to use your credentials or the information in your Account.You also agree to maintain the accuracy of your Account by updating any changes to the information in your Account as soon as possible.You also agree that you will not knowingly provide Freshstart with any false or misleading information in connection with your Account.You also agree that you will only access the Services through your Account and not through anyone else’s Account.You agree that you are responsible for maintaining the security of your Account information and for any and all activity that occurs under your Account. You agree to notify Freshstart immediately of any unauthorized use of your Account or any other breach of the security of your Account information.
You will not make any false or misleading statements about the Freshstart, the Services, or any products used in connection with the Services that would damage Freshstart, including any statements that may constitute defamation, false advertising, unfair competition, or tortious interference with business relationships. You agree that, if you perform any tests or evaluations of the Services or any products used in connection with the Services, you will share the results of the tests or evaluations with us before publicizing or providing them to others.
You agree that you will not use or attempt to use anyone else’s information, including anyone else’s account information, in order to gain or attempt to gain access to the Services or any computer systems associated with the Services.
You agree that, if Freshstart provides you with any products for use in connection with the Services, of if you use any third-party products in connection with the Services, you will only use the products as permitted by Freshstart or the third party, and will not use them for any improper purpose.
THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS.
Freshstart DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH THE SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT.
Freshstart DISCLAIMS ANY AND ALL WARRANTIES THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS, THAT THE SERVICES WILL BE ERROR-FREE, THAT THE SERVICES WILL BE COMPATIBLE WITH ALL COMPUTER SYSTEMS OR SOFTWARE, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER ATTACKS BY THIRD PARTIES.
Freshstart disclaims any and all warranties regarding any products/services that you obtain from third parties for use in connection with the Services. Third-party products/services used in connection with the Services that are not provided to you by Freshstart are not under Freshstart control, and Freshstart is not responsible such products/services.
Freshstart disclaims any and all warranties regarding any advertising, promotional, or marketing materials associated with the Services or any products used in connection with the Services, whether such materials appear on our Website or in other publications. This includes any statements or claims made in such materials regarding the capabilities or performance of the Services or any products used in connection with the Services. This also includes any visual representations of the Services or any products used in connection with the Services. Such visual representations may or may not reflect the actual appearance, features, or functionality of the Services or any products used in connection with the Services. Only the actual Services and the actual products used connection with the Services, and any user documentation provided to you with such Services and the products used in connection with the Services, reflect their actual capabilities, performance, and features.
Freshstart disclaims any and all warranties regarding your use of any third-party websites that may be linked to the Website (“Linked Websites”). Linked Websites are not under Freshstart control, and Freshstart is not responsible for the content on such Linked Websites.
LIMITATIONS ON LIABILITY
YOU AGREE THAT Freshstart WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ALLEGEDLY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, UNLESS SUCH LIABILITY IS FOUND TO HAVE BEEN CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF APPLICABLE LAW.
YOU FURTHER AGREE THAT IN NO EVENT WILL Freshstart BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, ANY ACCOUNTING OF PROFITS, OR ANY LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF WHETHER Freshstart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
YOU FURTHER AGREE THAT, IF THE PRECEDING LIMITATIONS ON LIABILITY ARE FOUND NOT TO APPLY TO YOUR CLAIM, IN NO EVENT WILL Freshstart LIABILITY TO YOU EXCEED ANY FEES YOU HAVE PAID TO Freshstart DURING THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR INITIAL CLAIM OR $100 IF YOU HAVE NOT PAID ANY FEES TO Freshstart.
The Parties agree that these limitations on liability apply to all disputes between the Parties, regardless of whether the disputes are resolved through negotiations or in litigation or other legal proceedings, including mediation or arbitration, or in any other manner. These limitations on liability are part of the basis of the bargain between the Parties, and without these limitations, Freshstart would not be able to provide access to the Services on the same terms or at the same price it currently provides such access.
The Parties agree that any such proceedings must be brought within one (1) year after the cause of action arises, or such proceedings will be barred.
GOVERNING LAW AND JURISDICTION
You agree that, in the event of any legal proceedings between the Parties, you waive your right to a jury trial.
ATTORNEYS’ FEES AND COSTS
Neither Party will be held responsible for any delay or failure in performance of this Agreement caused in whole or in part by any act or omission or other cause beyond such Party’s control, including fire, flood, storm, accident, terrorist attack, cyber attack, delay of supplier, or compliance with any law, rule, regulation, or government demand. If any such event occurs, the period for performing the particular obligations prevented by such event (other than your obligation to pay any Fees that may be due for your use of the Services) will be deemed extended by the length of time such event continues.
Questions regarding support for the Services should be addressed to Freshstart at support@Freshstartpass.com or by using the Contact Us form on our Website.
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WANT TO WORK WITH US?
Give us a call or shoot us a message and we will be glad to talk to you