Terms

The following terms apply to FRESH NEW ENGLAND®, LLC and it’s websites (freshnewengland.com, freshnewenglandeats.com and freshnewenglandtalks.com). The term “Site” applies to all Fresh New England websites.

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and FRESH NEW ENGLAND®, LLC (as defined below) governing your access to and use of the FRESH NEW ENGLAND®, LLC websites, including any domains and subdomains thereof, and any other websites through which FRESH NEW ENGLAND®, LLC makes the FRESH NEW ENGLAND®, LLC Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “FRESH NEW ENGLAND®, LLC services”). The Site, Application and FRESH NEW ENGLAND®, LLC Services together are hereinafter collectively referred to as the “FRESH NEW ENGLAND®, LLC”.

You Agree to and Accept These Terms

If you do not agree with any of these Terms, including the Privacy Policy incorporated here, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

Updates to Terms

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Legal Capacity

This is a general audience Site for adults (aged 18 or older). We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

The Information You Give Us Must Be Correct

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.

Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Site. Click Here to view our Privacy Notice, which forms part of these Terms.

Disclaimer of Warranties

YOUR USE OF THIS SITE AND ALL FRESH NEW ENGLAND®, LLC SITES IS AT YOUR OWN RISK. THE SITE(S) AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE(S), FRESH NEW ENGLAND®, LLC, AND ANY SUBSIDIARIES OR AFFILIATED WEBSITES OF FRESH NEW ENGLAND®, LLC (FRESHNEWENGLAND.COM, FRESHNEWENGLANDEATS.COM, FRESHNEWENGLANDTALKS.COM) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESH NEW ENGLAND®, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESH NEW ENGLAND®, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FRESH NEW ENGLAND®, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE FRESH NEW ENGLAND®, LLC GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  YOU AGREE TO USE THIS WEBSITE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

FRESH NEW ENGLAND®, LLC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF FRESH NEW ENGLAND®, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY INDIVIDUAL OR PART OF THE FRESH NEW ENGLAND®, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Binding Arbitration of All Disputes; No Class Relief.

(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to FRESH NEW ENGLAND®, LLC’S intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and FRESH NEW ENGLAND®, LLC arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Massachusetts state or federal court with substantial experience in the internet industry and shall follow Massachusetts substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA.  AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at legal [at]freshnewengland.com For a period of sixty (60) days from the date of receipt of notice from the other party, FRESH NEW ENGLAND®, LLC and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or FRESH NEW ENGLAND®, LLC to resolve the Section 8(b) Dispute on terms which either you or FRESH NEW ENGLAND®, LLC, in each of our sole discretion, are uncomfortable with.

Trademarks & Copyright

All materials appearing on the FRESH NEW ENGLAND®, LLC and associated websites (freshnewengland.com, freshnewenglandeats.com and freshnewenglandtalks.com) are protected by United States and international copyright law, patents, & trade secrets.

Content and material may not be reproduced or stored in a retrieval system without prior written permission of the publisher and in no case for profit. If you are aware of infringement against FRESH NEW ENGLAND®, LLC, please notify us at legal[at]freshnewengland.com

All content included on this site, including but not limited to as content, design, text, attachments, graphics, logos, button icons, images, and video clips, is the property of FRESH NEW ENGLAND®, LLC or their respective owners and are protected by United States and international copyright laws. You agree not to distribute our information without prior written consent from FRESH NEW ENGLAND®, LLC.

If you post any material on FRESH NEW ENGLAND®, LLC, or submit materials to FRESH NEW ENGLAND®, LLC, you agree that you have publicly disclosed any intellectual property, idea, copyrightable material, invention or know-how posted and that you have granted FRESH NEW ENGLAND®, LLC a perpetual license to use, develop, copy and distribute such intellectual property, idea, copyrightable material, invention or know-how without any obligation, including the payment of royalties, or duty to you. By uploading an image to this site, you are declaring that have approval to use the image. You are entirely responsible for securing rights of the content you upload.

Your Use of Material.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE FRESH NEW ENGLAND®, LLC OR CONTENT PROVIDERS. FRESH NEW ENGLAND®, LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF FRESH NEW ENGLAND®, LLC. FRESH NEW ENGLAND®, LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN FRESH NEW ENGLAND®, LLC’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR FRESH NEW ENGLAND®, LLC RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Submissions,” “Contests”, “Refer a Business” etc). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.

Use of Content

FRESH NEW ENGLAND®, LLC will consider anything you provide to FRESH NEW ENGLAND®, LLC and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site, in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

Reviews, responses, profile entries, posts, web pages, listings, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their FRESH NEW ENGLAND®, LLC comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to FRESH NEW ENGLAND®, LLC (“User Content”), you automatically and irrevocably:

a. Retain ownership of your User Content, and grant and assign to  FRESH NEW ENGLAND®, LLC ( a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, by FRESH NEW ENGLAND®, LLC ( and/or by any person authorized by FRESH NEW ENGLAND®, LLC ), by any means and in all media FRESH NEW ENGLAND®, LLC or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

b. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

c. Appoint  FRESH NEW ENGLAND®, LLC  as your agent with full power to enter into any document and/or do any act  FRESH NEW ENGLAND®, LLC may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

d. Warrant that you are the owner of the User Content and entitled to enter into these Terms;

e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that  FRESH NEW ENGLAND®, LLC shall not be liable for any use or disclosure of such User Content.

Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at FRESH NEW ENGLAND®, LLC want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

a. Your name, address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of each place where alleged infringing material is located;

d. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

e. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

f. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright holder or authorized to act on the copyright holder’s behalf.

Send to: legal[at]freshnewengland.com

Product Specifications; Pricing; Typographical Errors

We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, FRESH NEW ENGLAND®, LLC shall have the right to refuse or cancel any orders in its sole discretion.

Accuracy

FRESH NEW ENGLAND®, LLC has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Member Listings or Web Pages, (ii) the truth or accuracy of any Listing / Web Pages descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. FRESH NEW ENGLAND®, LLC does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FRESH NEW ENGLAND®, LLC about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use or eat a product, participate in an Experience or Event or use other Services, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by FRESH NEW ENGLAND®, LLC of any Member or Webpage /Listing.

Responsible Use of Site

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not FRESH NEW ENGLAND®, LLC, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

Community Rules

As a user of the Site(s), you agree that the Community Rules located are there to help you understand the conduct that is expected of FRESH NEW ENGLAND®, LLC users who participate in Forums, including any social networking opportunities on the Site. In addition to the Community Rules, we ask that your User Content relate to the content on the Site and should be intended to add to the discussion and community on the Site. It should not include irrelevant topics or postings. Your participation in the Forums is subject to the Terms, including the Community Rules and any Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Site and may bar the posting or remove any User Content that, in our sole discretion, violates these Terms, including the Community Rules or any Additional Terms, or that we otherwise find objectionable.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by FRESH NEW ENGLAND®, LLC anywhere on this Site (e.g., on any web space made available for your use).

The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to food-related businesses and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. FRESH NEW ENGLAND®, LLC reserves the right (but has no obligation) to monitor, remove, or edit User Content at its sole discretion but you acknowledge that FRESH NEW ENGLAND®, LLC may not regularly review submitted User Content.

Reviews

As a user of the Site, you agree to be bound by the Review Policy when writing a review, responding to a review or evaluating a review for publication.

Payment Card Information

In order to use the Payment Services, you must provide account information for at least one valid debit or credit card through or to FRESH NEW ENGLAND®, LLC. FRESH NEW ENGLAND®, LLC uses this debit or credit card account information as described in our privacy policy. If you provide account information for a debit or credit card to FRESH NEW ENGLAND®, LLC via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by such third party. FRESH NEW ENGLAND®, LLC takes no responsibility and assumes no liability for any actions or omissions of such third party. You may edit the debit or credit card account information you have provided from time to time directly through the Account pages of our websites, where applicable. If you provide account information in such manner for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay. To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

By providing debit or credit card account information through or to the FRESH NEW ENGLAND®, LLC, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Fresh New England, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

You agree to pay the listed purchase price of the FRESH NEW ENGLAND®, LLC memberships /donations as applicable, that you purchase at FRESH NEW ENGLAND®, LLC (including, without limitation, through an SMS or web browser command originating from your Account). You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by law, you agree that all purchases made by you through FRESH NEW ENGLAND®, LLC cannot be returned or exchanged and are non-refundable, except as expressly provided in this Agreement. To purchase an Fresh New England membership, you must provide valid debit or credit card information, including the card’s CVV number. FRESH NEW ENGLAND®, LLC uses this debit or credit card information as described in our privacy policy.

Service & Technical Requirements

In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).

You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Fresh New England does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use FRESH NEW ENGLAND®, LLC.

System Abuse

Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.

Prohibited Use

You may not transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to Fresh New England that in any way affects its use, enjoyment or service, or adversely affects Fresh New England®, LLC computers, servers or databases.

You may not capture, download, save, upload, or otherwise retain information and content available on Fresh New England®, LLC other than what is expressly allowed by these Terms.

You may not copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on Fresh New England®, LLC.

You may not breach the security of Fresh New England or corrupt Fresh New England in any way.

Security.

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). FRESH NEW ENGLAND®, LLC shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that FRESH NEW ENGLAND®, LLC considers insecure, FRESH NEW ENGLAND®, LLC will be entitled to require this to be changed and/or terminate your account.

You also agree to promptly update the your Account page to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Fresh New England®, LLC of any unauthorized use of your Account or any other breach of security related to your use of the Services.

Violation of Security Systems.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FRESH NEW ENGLAND®, LLC reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

Investigations.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s/Friend’s identity. FRESH NEW ENGLAND®, LLC reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. FRESH NEW ENGLAND®, LLC may seek to gather information from the user who is suspected of violating these Terms and from any other user. FRESH NEW ENGLAND®, LLC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FRESH NEW ENGLAND®, LLC believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. FRESH NEW ENGLAND®, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing FRESH NEW ENGLAND®, LLC to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE FRESH NEW ENGLAND®, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE FRESH NEW ENGLAND®, LLC GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE FRESH NEW ENGLAND®, LLC GROUP OR LAW ENFORCEMENT AUTHORITIES.

Reservation of Rights

FRESH NEW ENGLAND®, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.

Local Regulations

FRESH NEW ENGLAND®, LLC makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your FRESH NEW ENGLAND®, LLC initiative and at your FRESH NEW ENGLAND®, LLC risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Third-Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of FRESH NEW ENGLAND®, LLC, and you acknowledge that (whether or not such sites are affiliated in any way with FRESH NEW ENGLAND®, LLC) FRESH NEW ENGLAND®, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link on this Site does not imply endorsement of any site by FRESH NEW ENGLAND®, LLC or any association with its operators.

Fresh New England Parties shall not be held liable for any information, services or products that are provided or offered by websites that are linked to Fresh New England. The links to other websites are provided only as a convenience and, unless expressly stated, do not constitute any endorsement or affiliation of the linked websites or any information, services or products that are provided or offered by the linked websites. You agree that you use any linked websites entirely at your own risk.

You acknowledge that the materials posted on  FRESH NEW ENGLAND®, LLC by members, friends, users or bloggers, contributors or writers do not constitute the opinion, (either expressed or implied) or are attributable to  FRESH NEW ENGLAND®, LLC or its members in any way.

FRESH NEW ENGLAND®, LLC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from FRESH NEW ENGLAND®, LLC since the third-party sites are FRESH NEW ENGLAND®, are owned and operated by independent retailers. FRESH NEW ENGLAND®, LLC does not endorse any of the merchandise, nor has FRESH NEW ENGLAND®, LLC taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. FRESH NEW ENGLAND®, LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.

Use of any information on this website is at your sole and absolute risk.

Jurisdictional Issues

We control and operate this Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Electronic Use

When you visit Fresh New England®, LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Release.

If you have a dispute with one or more users (including merchants), you release us (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, FRESH NEW ENGLAND®, LLC and FRESH NEW ENGLAND®, LLC, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity.

You agree to indemnify and hold harmless FRESH NEW ENGLAND®, LLC and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto FRESH NEW ENGLAND®, LLC servers and/or from any and all use of your account.

Waiver of Claim

You acknowledge and understand that your participation in any chat-room, social media, forum, site or other venue on Fresh New England®, LLC might subject you or parties affiliated with you to verbal or written statements that might be libelous, slanderous or otherwise injurious, and that your participation is a knowing and willful participation despite the risk of such injury. You hereby irrevocably and forever waive any and all claims that you may have against Fresh New England®, LLC and Fresh New England®, LLC Parties(and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature) arising out of or in any way connected with any statement made or posted to or otherwise transmitted from this Website has caused injury or damage to you or any entity affiliated with you or your business.

Choice of Law

Terms shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, as they are applied to agreements entered into and to be performed entirely within Massachusetts.

How to Contact Us

You may email us at legal[at]freshnewengland.com regarding these terms.

General

If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Fresh New England®, LLC  relating to the matters contained here and the Site(s).