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TERMS AND CONDITIONS

Last Updated: 03/28/2024

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

 

The present terms and conditions (this “ Agreement” or “ Terms”) Is a legal agreement between you and Fresh Harmony Essentials LLC (hereinafter “Fresh Harmony Shop”), A company duly organized and validity existing, located at 1905 Sherman Street, Ste 200 #1096, Denver, Colorado 80203. This Agreement annuls and voids all previous agreements.

 

OVERVIEW

 

 The site (freshharmonyessentials.com) is operated by Fresh Harmony Essentials LLC. As the operator, we provide a platform for users to access and use our services. Throughout the site, the terms “we,” “us,” and “our" refer to Fresh Harmony Essentials LLC and/or the dba of Fresh Harmony Shop. Fresh Harmony Essentials LLC offers this Site, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this agreement and any additional terms or policies referenced herein, the provisions of the additional terms of policies shall control.

 

Please read these terms carefully before accessing or using our Site. By accessing or using any part of this Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, you may not assess the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

Any new features or tools added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after posting any changes constitutes acceptance of those changes. 

 

SECTION 1 - GENERAL TERMS

 

By agreeing to these Terms,  you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependence to use this Site.

You may not use our products or Site for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, motor vehicle laws).

 

You must not transmit any worms or viruses or any code of a destructive nature. 

 

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. 

 

  1. Restrict, suspend, or terminate your access to all or any part of our Site;

  2. Change, suspend, or discontinue all or any part of our products or Site;

  3. Refuse, move, or remove any content that is available on all or any part of our Site;

  4. Deactivate or delete your accounts;

  5. Establish general practices and limits concerning the use of our Site;
     

You agree that we will not be liable to you or any third party for taking any of these actions.

 

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

 

You understand that your content ( not including credit card information),  may be transferred unencrypted and involve (a)  transmissions over various networks;  and (b)  changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, sell, resale, or exploit any portion of the Site or use the Site, access to the Site, or any contact on the Site without express written permission from us.

 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. Fresh Harmony Essentials LLC’s content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use. You will make no other use of the content without the express written permission of Fresh Harmony Essentials LLC and the copyright owner. you agree that you do not acquire ownership rights in any protected content. We do not Grant you any licenses, Express or implied, to the intellectual property of Fresh Harmony Essentials LLC or our licensors except as expressly authorized by these terms.

 

SECTION 2 - CREATING AN ACCOUNT

 

Once you create an account with us, you are registered on the Fresh Harmony Essentials Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Fresh Harmony Essentials Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

 

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, you must keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Freh Harmony Essentials is not responsible for third-party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

 

Furthermore, the registering party hereby acknowledges, understands and agrees to:

 

  1. Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process and
     

  2. Maintain and promptly update your registration and profile information to ensure accuracy and completeness at all times.

 

If anyone knowingly provides any information that is false, untrue, inaccurate, or incomplete, Fresh Harmony Essentials LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any and all current or future use of Fresh Harmony Essentials LLC Services or any portion thereof.

 

SECTION 3 - CONDUCT

 

As a user or member of the Site,  you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by the fresh Harmony Essentials LLC Services, and as such, we do not guarantee the accuracy, Integrity, or quality of such content. it is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Fresh Harmony Essentials LLC.

 

Furthermore, you herein agree not to make use of Fresh Harmony Essentials LLC’s Services for the purpose of;

 

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
     

  2. causing harm to minors in any manner whatsoever;
     

  3.  impersonating any individual or entity, including, but not limited to, any Fresh Harmony Essentials LLC officials, Forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
     

  4. forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
     

  5. uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
     

  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
     

  7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
     

  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy, and or limit the operation of any computer software, hardware, or telecommunication equipment;
     

  9. disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
     

  10. interfering with or disrupting any Fresh Harmony Essentials LLC Services, servers, and or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
     

  11. intentionally or unintentionally violating any local, state, federal, national, or International law, including, but not limited to, rules, guidelines, and or regulations decreed by the US Securities and Exchange Commission, in addition to any rules of any nation or other security's exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
     

  12. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with section 219 of the Immigration Nationality Act;
     

  13. “stalking” or with the intent to otherwise harass another individual;  and/or
     

  14. Collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities set forth in the aforementioned paragraphs.
     

 Fresh Harmony Essentials LLC reserves the right to pre-screen, refuse, and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the terms, or that would otherwise be considered offensive to other visitors, users, and/or members.
 

  1. Appliance with any legal process;
     

  2.  enforcement of the Terms;
     

  3. responding to any plan that therein contained content is in violation of the rights of any third party;
     

  4. responding to requests for customer service or
     

  5.  protecting the rights, property, or personal safety of Fresh Harm Essentials LLC, its visitors, users, and members, including the general public.
     

Fresh Harmony Essentials LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Fresh Harmony Essentials LLC or any other content providers, supplying content services to Fresh Harmonhy Essentials LLC. You are hereby prohibited from attempting to override or circumvent any other embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
 

SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE

 

Due to the internet's global nature, through our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited    to,                    the               Export               Administration        Regulations (http://www.access.gpo.gov/nos/ear/ear_data.html),  as well  as  the  sanctions  control  program    of     the     United       States       (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

 

  1. are not on the list of prohibited individuals which may be identified on any        government  export                     exclusion                   report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)   nor    a member of any other government that may be part of an export-prohibited country identified in applicable export and import laws and regulations;
     

  2. agree not to transfer any software, technology, or any other technical data through the use of our Network Services to any export-prohibited country;
     

  3. agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry and end uses that will be a violation of the U.S. export laws; and
     

  4. you agree not to post, transfer, or upload any software, technology, or other technical data that would be in violation of the U.S. or other applicable export and/or import laws.
     




 

SECTION 5 - SUBMITTED CONTENT

 

Fresh Harmony Essentials LLC shall not claim ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Fresh Harmony Essentials LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

 

  1. The content submitted or made available for inclusion on the publicly assessable areas of Fresh Harmony Essentials LLC sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display of said content on our Network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and or made available for viewing. This license shall be available as long as you are a Fresh Harmony Essentials LLC’s Site member and shall terminate when you discontinue your membership.
     

  2. Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Fresh Harmony Essentials LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available as long as you are a Fresh Harmony Essentials LLC member and shall terminate when you elect to discontinue your membership.
     

  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Fresh Harony Essentials LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content. Whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.

 

Those areas which may be deemed “publicly accessible” areas of Fresh Harmony Essentials LLC’s Sites are those such areas of our network properties Which are meant to be available to the general public,  and which would include message boards in groups that are openly available to both users anders. however, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

 Fresh Harmony Essentials LLC may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

 

  1. Your contributions do not contain any type of confidential or proprietary information:
     

  2. Fresh Harmony Essentials LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions:
     

  3. Fresh Harmony Essentials LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
     

  4. The contributor’s Contributions shall automatically become the sole property of Fresh Harmony Essentials; and
     

  5. Fresh Harmony Essentials LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
     

SECTION 6 - INDEMNITY
 

All users and/or members agree to insure and hold Fresh Harmony Essentials LLC, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Fresh Harmony Essentials LLC Services or your connection with these Services. Your violations of the Terms of Service and/or your violation of any such rights of another person.

 

SECTION 7 - COMMERCIAL REUSE OF SERVICES

 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit any part, use, or access to Fresh Harmony Essentials LLC’s site for any commercial reason.

 

SECTION 8 - MODIFICATIONS

 

Fresh Harmony Essentials LLC reserves the right to modify, alter, and/or discontinue, whether temporarily or permanently, our services or any part thereof at any time it may deem fit, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our services or any part thereof.

 

SECTION 9 - TERMINATION

 

As a member of freshharmonyessentials.com, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to 1905 Sherman Street, Ste 200, #1096, Denver, Colorado 80203 #1096.

 

 As a member, you agree that fresh Harmony Essentials LLC may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:

 

  1. any breach or violation of our Terms for any other incorporated agreement, regulations and or guideline;
     

  2.  by way of requests from law enforcement or any other governmental agencies;
     

  3.  the discontinuance, alteration, and/or material modification to our Services or any part thereof;
     

  4. unexpected technical or security issues and or problems;
     

  5. any extended periods of inactivity;
     

  6. any engagement by you in any fraudulent or illegal activities;  and/or
     

  7. the non-payment of any Associated fees that may be old by you in connection with your freshharmonyessentials.com account Services.

 

Furthermore, you agree that all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party regarding the determination of your account, associated email address, and/or access to any of our Services.

 

The termination of your account with freshharmonyessentials.com shall include any and/or all of the following:

 

  1. the removal of any access to all or part of the Services offered within
    freshharmonyessentials.com;
     

  2. The deletion of your password and all related information, files, and any such content that may be associated with; and
     

  3.  the barring of any further use of all or part of our Services.
     

SECTION 10 -LINKS

 

Fresh Harmony Essentials LLC or any third parties May provide links to other websites and/ or resources. Thus,  you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, You acknowledge and agree that fresh Harmony Essentials LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss that may be a result of, caused, or allegedly to be caused by or in connection with the use of or the Reliance on any such content, goods or Services made available on or through any such site or resource.

 

SECTION 11 - PROPRIETARY RIGHTS

 

You acknowledge and agree that fresh Harmony Essentials LLCs Services And any Essential Software that may be used in connection with our Services (“Software”) Shell contain proprietary and confidential material protected by applicable intellectual property rights and other laws.  Furthermore, you herein acknowledge and agree that any Content in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by fresh Harmony Essentials LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, probably perform and/or created any plagiaristic works which are based on Fresh Harmony Essentials LLC Services (e.g., Content or Software), in whole or part.

Terms & Conditions (cont)

Fresh Harmony Essentials LLC hereby grants you a personal, non-transferable, and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,  create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do not herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for The purpose of obtaining unauthorized access to our Services.  Lastly,  you also agree not to access or attempt to access our Services through any means other than through the interface provided by Fresh Harmony Essentials LLC for use in accessing our Services.

 

SECTION 12 - WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

  1. THE USE OF FRESH HARMONY ESSENTIALS LLC SERVICES AND SOFTWARE IS AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. FRESH HARMONY ESSENTIALS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
     

  2. FRESH HARMONY ESSENTIALS LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) FRESH HARMONY ESSENTIALS LLC SERVICES OR SOFTWARE WILL EET YOUR REQUIREMENTS; (ii) FRESH HARMONY ESSENTIALS LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FRESH HARMONY ESSENTIALS LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED I THE SOFTWARE SHALL BE CORRECTED.
     

  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF FRESH HARMONY ESSENTIALS LLC SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.



     

  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FRESH HARMONY ESSENTIALS LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
     

  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES; DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
     

SECTION 13 - LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FRESH HARMONY ESSENTIALS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR SNY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:
 

  1. THE USE OR INABILITY TO USE OUR SERVICE;
     

  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
     

  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
     

  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
     

  5. AND ANY OTHER MATTER THAT MAY BE RELATED TO OUR SERVICE
     

SECTION 14 - RELEASE

 

In the event you have a dispute, you agree to release Fresh Harmony Essentials LLC (and its officers, directors, employees, agents, parents, subsidiaries, affiliates, co-branders, partners, and any other third parties) From claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

SECTION 15 - NOTICE

 

Fresh Harmony Essentials LLC May furnace you with notices, including those with regards to any changes to the Terms,  including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services,  or other reasonable memes currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you assessed our services in an authorized manner.

 

SECTION 16 - INTELLECTUAL PROPERTY RIGHTS

 

You herein acknowledge, understand, and agree that all of the Fresh Harmony Essentials LLC Trademarks, copyrights, trade names, service marks, and other Fresh Harmony Essentials LLC logos and any brand features and/or product Hand service names are trademarks and, as such, are and shall remain the property of Fresh Harmony Essentials LLC. You herein agree not to display and/or use in any manner the Fresh Harmony Essentials LLC logo or marks without obtaining Fresh Harmony Essentials LLC's prior written consent.

 

Fifth Harmony Essentials LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, Fresh Harmony Essentials LLC May disable and/or terminate the accounts of any user who violates our Terms and/or Infringes the rights of others. If  you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:

 

  1. the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
     

  2.  a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
     

  3.  a description of the location of the site which you allege has been infringing upon your work;
     

  4. Your physical address, telephone number, and email address;
     

  5.  a statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
     

  6.  and finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright of intellectual property owners behalf.
     









 

The Fresh Harmony Essentials LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

Mailing Address:
Fresh Harmony Essentials LLC
Attn: Copyright Agent
1905 Sherman Street, Ste 200 #1096
Denver, Colorado 80203
 

Telephone: 877-224-0475
Email: info@freshharmonyessentials.com

 

SECTION 17 - ENTIRE AGREEMENT

 

This agreement constitutes the entire agreement between you and Fresh Harmony Essentials LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Fresh Harmony Essentials LLC Services. You May also be subject to additional terms and conditions that may apply when you use or purchase certain other Fresh Harmony Essentials LLC Services, affiliate Services, third-party content, or third-party software.

 

SECTION 18 - CHOICE OF LAW AND FORUM

 

 It is at the mutual agreement of both you and Fresh  Harmony Essentials LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflicts of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, For the relationship between you and Fresh  Harmony Essentials LLC, Shelby filed within the courts having jurisdiction within the county of the United States, Colorado or the U.S.  District Court located in said state. You and Fresh Harmony Essentials LLC agreed to submit to the jurisdiction of the courts as previously mentioned and agreed to waive any in all objections to exercising jurisdiction over the parties by such courts and to the venue in such courts.

 

SECTION 19 - WAIVER AND SEVERABILITY OF TERMS

 

At any time, should Fresh  Harmony Essentials LLC fail to exercise or enforce any right for the provision of the Agreement,  search failure shall not constitute a waiver of such right or provision. If a court-competent jurisdiction finds any provision of this Agreement invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

 

SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

 

You acknowledge, understand, and agree that your account is non-transferable, and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.




 

SECTION 21 - STATUTE OF LIMITATIONS

 

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services for the Agreement must be filed within 1-3 year(s) after said claim or cause of action arose or shall be forever barred.

 

SECTION 22 - VIOLATIONS

 

Please report any and all violations of this Agreement to Fresh Harmony Essentials LLC as follows:

 

Mailing Address:

Fresh Harmony Essentials LLC

1905 Sherman Street, Ste 200 #1096

Denver, Colorado 80203

 

Telephone:  877 224-0475 Email: info@freshharmonyessentials.com

 

SECTION 23 - GOVERNMENT REQUEST

 

In order to cooperate with governmental requests, subpoenas, or Court orders, protect our systems, or ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our privacy policy.

 

SECTION 24 - FOREIGN ACCESS OF SITE

 

The site is controlled, operated, and administered by Fresh  Harmony Essentials LLC from our offices in the USA. If you access the Site from outside the USA,  you are responsible for compliance with all local laws. You agree that you will not use Fresh  Harmony Essentials LLC’s content accessed through the Site in any country or any manner prohibited by any applicable laws, restrictions, or regulations.

 

SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotion, offers, product shipping charges, Transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or any related Site is inaccurate at any time without prior notice ( including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information on the Site or on any related Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site should be taken to indicate that all information on the Site or on any related Site has been modified or updated.




 

SECTION 26 - PRIVACY POLICY


Every member's registration data and other personal information are strictly protected by the Fresh Harmony Essentials LLC Online Privacy Policy ( see the full privacy policy at https://www.freshharmonyessentials.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by Fresh  Harmony Essentials LLC and/or our subsidiaries and affiliates.

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