These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms limit The Freckled Strawberry’s liability and the remedies available to you in the event of a dispute. Please follow the instructions in the Dispute Resolution Section (Section 7) below if you wish to opt out of this provision. These Terms give you specific legal rights. In addition, you may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, mandatory and binding arbitration, limitations of liability, indemnification, waiver of class action, and waiver of punitive damages under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS BY ACCESSING THE WEBSITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE AND ACCESS THE WEBSITE AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST CEASE ACCESSING AND USING THE WEBSITE.
1. Overview, Eligibility, Term and Termination
(a) Overview and Relation to Other Agreements. These Terms govern your use of the Website. Certain features of the Website may be subject to additional guidelines, terms or rules, which will be posted on the Website in connection with such features. All additional guidelines, terms or rules are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Website.
(b) Eligibility. You may use the Website only if you have the legal capacity to form a binding contract with The Freckled Strawberry; you accept these Terms through a Website, or by accessing or using the Website; and only if you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules and regulations.
(c) Term and Termination. These Terms will remain in full force and effect as long as you continue to access or use the Website, or until terminated in accordance with the provisions of these Terms. At any time, The Freckled Strawberry may, at our sole discretion, (i) suspend or terminate your rights to access or use the Website, or (ii) terminate these Terms with respect to you if The Freckled Strawberry in good faith believes that you have used or accessed the Website in violation of these Terms, including any incorporated guidelines, terms or rules.
(d) Effect of Termination. Upon termination of these Terms, your right to use the Website will automatically terminate. User agrees that The Freckled Strawberry will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your access to our Website.
2. Access to Website
(a) Access and Use. Subject to these Terms, The Freckled Strawberry grants you a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Website in good faith for non-commercial purposes, and as explicitly permitted by these Terms (the “Permitted Purposes”). Any User’s use of the Website in violation of or contrary to the Permitted Purposes is subject to termination of User’s access.
(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website; (ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Website; (iii) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (iv) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Website, or any other system, device, or property; (v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Website or violate the regulations, policies, or procedures of such networks; (vi) you agree not to access (or attempt to access) any of the Website by means other than through the interface that is provided by The Freckled Strawberry; and (vii) you agree not to remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Website. Any future release, update, or other addition to functionality of the Website shall be subject to these Terms.
(d) Security. We endeavor to implement appropriate security measures. However, The Freckled Strawberry cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(e) Modification. The Freckled Strawberry reserves the right, at any time, to modify, suspend or discontinue the Website or any part thereof with or without notice to you at our sole discretion. You agree that The Freckled Strawberry will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
3. Agreed Usage and Limitations of Website
(a) Intended Use of Website. The Website are intended to be accessed and used for non-time-critical purposes. While we aim for the Website to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Website is subject to sporadic interruptions and failures for a variety of reasons beyond The Freckled Strawberry’s control. You acknowledge these limitations and agree that The Freckled Strawberry is not responsible for any damages allegedly caused by the failure or delay of the Website.
(b) Reliability of Website. You acknowledge that the Website are not error-free, 100% reliable, or 100% available. Proper functioning of the Website relies and is dependent on, among other things, the transmission of data through Wi-Fi networks, enabled wireless device (such as a phone or tablet) and broadband internet access, or cellular service, for which neither The Freckled Strawberry nor any internet, wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Website being unreliable or unavailable for the duration of the Service Interruption.
(c) Service Interruptions. The Website may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. The Freckled Strawberry does not offer any specific uptime guarantee for the Website.
(d) Outages. In the event of any Service Interruptions to the Wi-Fi network or internet connection to which you are utilizing to use or access the Website, the Website may be unreliable or unavailable for the duration of the Service Interruption. Further, features and functionalities of the Website may be unavailable to you for the duration of the Service Interruption.
(h) You warrant, represent, and agree that you will not contribute any Content or otherwise use the Website in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or is otherwise illegal; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable; (iv) impersonates any person or entity, including, without limitation, any employee or representative of The Freckled Strawberry; (v) contains a virus, Trojan Horse, worm, time bomb or other harmful computer code, file or program; (vi) attempts, in any manner, to obtain or access the password, account, devices, systems, or other security information from any other user or third party; (vii) violates the security of any computer network or cracks any passwords or security encryption codes; (viii) runs maillist, listserv or any form of auto-responder or “spam” on the Website or any processes that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website’ infrastructure); (ix) decompiles, reverse-engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website; or (x) denigrates or disrupts any network capacity or functionality.
4. INDEMNITY FOR THIRD PARTY ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD THE FRECKLED STRAWBERRY AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY, “THE FRECKLED STRAWBERRY PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE FRECKLED STRAWBERRY PARTIES ARISING FROM OR RELATING TO (A) YOUR USE OF THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS; OR (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS (COLLECTIVELY, “THIRD PARTY ACTIONS”); AND (I) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGEMENTS (INCLUDING PAYMENT OF THE FRECKLED STRAWBERRY PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE FRECKLED STRAWBERRY PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE FRECKLED STRAWBERRY PARTIES, OR MADE BY ANY OF THE FRECKLED STRAWBERRY PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”). YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE FRECKLED STRAWBERRY PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE FRECKLED STRAWBERRY PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE FRECKLED STRAWBERRY PARTIES, OR GROSS NEGLIGENCE OF THE FRECKLED STRAWBERRY PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, BUT IS NOT LIMITED TO, A THE FRECKLED STRAWBERRY USER, THE FRECKLED STRAWBERRY CLIENT OR CUSTOMER, EMPLOYEE, OR INSURANCE COMPANY. THE FRECKLED STRAWBERRY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY THE FRECKLED STRAWBERRY, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT THE FRECKLED STRAWBERRY’S PRIOR WRITTEN CONSENT. THE FRECKLED STRAWBERRY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE.
5. Warranty Disclaimers
(a) THE WEBSITE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND THE FRECKLED STRAWBERRY, AND OUR LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(b) THE FRECKLED STRAWBERRY, AND OUR LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH ANY NETWORK, OR YOUR COMPUTER, OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FRECKLED STRAWBERRY OR THOUGH THE WEBSITE, SHALL CREATE ANY WARRANTY.
(c) THE FRECKLED STRAWBERRY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH, OR IN CONNECTION WITH, THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE FRECKLED STRAWBERRY WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR WEBSITE.
6. Limitation of Liability
Nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) THE FRECKLED STRAWBERRY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA, OR LOST PROFITS ARISING FROM OR RELATING TO THE WEBSITE, EVEN IF THE FRECKLED STRAWBERRY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) THE FRECKLED STRAWBERRY’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED $100 U.S. DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE FRECKLED STRAWBERRY DISCLAIMS ALL LIABILITY OF ANY KIND OF THE FRECKLED STRAWBERRY’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL THE FRECKLED STRAWBERRY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION 6 SHALL APPLY EVEN IF THE FRECKLED STRAWBERRY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, OR RECKLESS MISCONDUCT OF THE FRECKLED STRAWBERRY OR GROSS NEGLIGENCE OF THE FRECKLED STRAWBERRY IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
7. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
(a) Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to this Agreement and your use of the Service shall be finally settled by binding arbitration administered by the JAMS Alternative Dispute Resolution (“JAMS”) in accordance with the provisions of its Commercial Arbitration Rules and of its supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, The Freckled Strawberry will pay the additional cost. The arbitration will be held in the United States county where you live or work, Chester County, Pennsylvania, or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail or e-mail, a written notice of dispute.
Any notice to The Freckled Strawberry should be addressed to The Freckled Strawberry, Inc. 122 Chapel Hill Circle, Paoli, PA 19301. Any notice to you shall be sent to your legal address or e-mail address that the Freckled Strawberry is able to identify.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
(b) Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(c) Exceptions. Without first engaging in arbitration or the informal dispute-resolution process described above, either you or The Freckled Strawberry may assert claims, if they qualify, in small claims court in Chester County, Pennsylvania or any United States county where you live or work; and The Freckled Strawberry may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Website or intellectual property infringement.
(d) Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: The Freckled Strawberry, Inc. 122 Chapel Hill Circle, Paoli, PA 19301. The notice must be sent within 30 days of access to the Website; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, The Freckled Strawberry also will not be bound by them. If you opt out, all other parts of this Agreement will continue to apply to you.
(e) Future Changes to Arbitration Provision. If The Freckled Strawberry makes any changes to the Dispute Resolution section of these Terms (other than a change to the address at which The Freckled Strawberry will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution section), you may reject any such change by sending us written notice within 30 calendar days of the change to: The Freckled Strawberry, Inc. 122 Chapel Hill Circle, Paoli, PA 19301. It is not necessary to send us a rejection of a future change to the Dispute Resolution section of these Terms if you had properly opted out of the arbitration and group litigation waiver provisions in this Section 7 within the first 30 calendar days after you first accepted these Terms. If you have not properly opted out of the arbitration and group litigation waiver provisions in this Section 7, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
(a) Changes to These Terms. The Freckled Strawberry reserves the right to make changes to these Terms, and The Freckled Strawberry will post notice of changes to any one or more of the following: this webpage or the Website. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Website. If you have provided us with an e-mail address, you are responsible for ensuring that it is your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of seven (7) calendar days following our dispatch of an e-mail notice to you (if applicable) or seven (7) calendar days following our posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE WEBSITE.
(b) Governing Law; Jurisdiction and Venue. To the extent that the Agreement allows you or The Freckled Strawberry to initiate litigation in a court, other than for small claims court actions, you agree that this Agreement and all matters relating to your access to, or use of, the Website will be governed by the laws of the State of Delaware, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware, USA, for any dispute arising out of or relating to this Agreement and the parties waive any objection based on venue or inconvenient forum.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, The Freckled Strawberry may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and The Freckled Strawberry regarding the use of and access to the Website. Any failure by The Freckled Strawberry to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
(e) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without The Freckled Strawberry’s prior written consent. These Terms may be assigned by The Freckled Strawberry without restriction. These Terms are binding upon any permitted assignee.
(f) Electronic Communications. By using the Website, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
(g) Notifications. The Freckled Strawberry may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) e-mail, hard copy or posting of such notice on thefreckledstrawberry.org. The Freckled Strawberry is not responsible for any automatic filtering that you or your network provider may apply to email notifications.
(h) Marks. All trademarks, logos and service marks (“Marks”) displayed on the Website are the property of The Freckled Strawberry or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of The Freckled Strawberry or such respective holders. The Freckled Strawberry reserves the right to alter Website offerings, specifications, and pricing at any time, without notice, and is not responsible for typographical or graphical errors that may appear in these Terms or in related guidelines, policies, or rules.
(i) Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
(j) Relationship of Parties. Your relationship to The Freckled Strawberry is that of an independent contractor, and neither party is an agent or partner of the other.
(k) Local Laws. We make no representation that any materials on the Website are appropriate or available for use in jurisdictions that are outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
(l) Force Majeure. Neither party will be responsible to the other for any delay in performing under these Terms which results from civil disturbance, undeclared or declared war or other hostilities, acts of terrorism, acts of anarchy, labor strikes or interruptions, earthquakes, epidemic, or other acts of Nature or acts of God, governmental orders, diseases, pandemics, or any cause beyond the reasonable control of such party.
(m) Contact Information. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at:
The Freckled Strawberry, inc.
122 Chapel Hill Circle, Paoli, PA 19301
Last modified: 11/28/2022