PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Fresh Life Foods, owner of BuiltBurger. The
collective work includes works that are licensed to Fresh Life Foods. Copyright
2003, Fresh Life Foods ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Fresh Life Foods or purchasing Fresh Life
Foods products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Fresh Life Foods or to
purchase Fresh Life Foods products. Any other use, including not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by Fresh Life Foods. You further
agree not to change or delete any proprietary notices from materials downloaded
from the site.
Trademarks
All trademarks, service marks and trade names of Fresh Life Foods used in the
site are trademarks or registered trademarks of Fresh Life Foods
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Fresh Life Foods
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Fresh Life Foods does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Fresh Life Foods
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Fresh Life Foods shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Fresh Life Foods has been
advised of the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Fresh Life Foods product is mistakenly listed at an
incorrect price, Fresh Life Foods reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Fresh Life Foods
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Fresh Life
Foods shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Fresh Life Foods without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Fresh Life Foods may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to Fresh
Life Foods.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of Fresh Life
Foods products) shall be in the state or federal courts located in King County,
WA. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of Fresh Life Foods products) must
be commenced within one (1) year after the claim or cause of action arises. Fresh
Life Foods's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. Fresh
Life Foods may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Fresh Life Foods or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Fresh Life Foods does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Fresh Life Foods is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Fresh Life Foods reserves the
right to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Fresh Life Foods
in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Fresh Life Foods, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fresh Life Foods may
link to sites operated by third parties. However, even if the third party is
affiliated with Fresh Life Foods, Fresh Life Foods has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Fresh Life Foods. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Fresh
Life Foods seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).
