Fresh Quest ("Extension Owner", "us", "we", "ours") is pleased to provide you its websites, applications, and extension(s), available for download through the website upon which these Terms of Service are posted.
The handling of all data is governed by our Privacy Policy which is hereby incorporated into this Terms of Service by reference as though fully set forth. By agreeing to these Terms of Service, you are also agreeing to the Privacy Policy.
a. Services. Extension Owner’s services include several features that allow you to enhance your browsing experience through browser extensions, computer and mobile applications, and related websites(the "Services"). This may result in resetting your Internet browser's default homepage and/or new tab page, customize widgets, and more. To use Services, you may be required to install such services into your Internet browser or on your mobile device.
b. Applicable Privacy Policy and Terms of Service. Certain Services may be subject to different privacy policies and/or terms of service as indicated on the sites from where those services are available and/or accessed.
You must be 18 years of age or older to install or to use the Services If you are not 18 years of age or older you may not agree to this Terms of Service document or use the Services.
You may access the Services for personal, non-commercial purposes. Use of the Services is void where prohibited. By accessing or otherwise using Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you purport to be acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting use Services to users, (iii) restricting the amount of use of the Services permitted and (iv) restricting or terminating any user's right to use the Services, with or without notice for any reasons in Extension Owners sole discretion; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third-party for any modification, suspension or discontinuance of the Services (in whole or in part), any content, or features offered through the Services. Your continued use of the Services following the posting of changes to these Terms of Service will constitute your acceptance of such changes. We may acquire or develop new Services from time to time that require additional terms of service. In such case, these additional provisions in a product-specific section that will only apply to the new Service and will not vary the terms of these Terms of Service in relation to your use of existing Services and, as such, we will not be required to notify you of such additional terms unless you also use the new Services.
Subject to the terms and conditions set forth herein, and any applicable third-party restrictions, Extension Owner grants you a revocable, non-transferable, non-exclusive and non-sublicensable, limited right and license, to access and use the Services. Extension Owner reserves all rights to ownership or use not expressly stated herein and disclaim any and all implied licenses.
Restrictions on License. You may not interfere with the operation of the Services in any manner including automated queries of any sort to our Services without our advanced express permission.
All the data collection and processing related to you is governed by our Privacy Policy which is incorporated herein as though fully set forth.
You agree to not use the Services to: (i) interfere with or disrupt the Services or servers or networks connected to the Services, or violate any applicable law, policy or regulations of third-parties; (ii) use of any robot, bot, logic bombs, software, or other automated method or otherwise “scrape” data through the Services, or manually extract data from the Services for any commercial purpose is strictly prohibited; (iii) interfere with or disrupt the Services or connected networks to the Services; (iv) ascertain and/or use or attempt to ascertain and/or use the algorithms, source code, or techniques incorporated in the Services;(v) incorporate Services or any part thereof into any website or product; (vi) block or attempt to block other users’ from accessing the Services; (vii) infringe or violate any third party rights, including intellectual property rights; (viii)alter or remove any proprietary notices displayed on or contained in the original content provided on the Services; (ix)hyperlink to the Services, without our express written consent; (x) sell, resell, distribute, license or transfer the Services, or an portion thereof; (xi) create derivative works of the Services or any part thereof; (xii) make commercial use of our Services; (xiii) make unauthorized copies, reverse engineer, translate, modify, adapt, disassemble, decompile or create derivative works of the Services or any content or material included therein and/or (xiv) violate the provisions of this Terms of Service and the Privacy Policy.
Services may contain links to third-party websites and advertisements. We shall not be held liable for the data privacy practices or the content of any such third-party websites and advertisements. Extension Owner does not authenticate, endorse, or guarantee the products or services available on any third-party websites linked to the Services. Upon clicking a link or advertisement on the Services, you will be redirected to the respective website or advertisement and you will leave the environment of the Services. Your use of or interactions with any third-party website or advertisement shall be governed by their respective policies. You should read the terms of use agreements and privacy policies that apply to such third-party websites.
Services may contain links to third party affiliate websites offering goods and/or services. When you click on any link to such third-party affiliate website(s), Extension Owner may, at no cost to you, earn a small commission. Links to third party affiliate websites are provided solely to ensure a good user experience. Please note that neither do we verify the identity and credibility of third party affiliates, audit, review, monitor, or administer the security of such third party websites nor do we authenticate, monitor, or endorse the accuracy and completeness of the information circulated on such third party affiliate websites. Extension Owner shall not be accountable or liable for any damage or loss arising out of your use of a third party affiliate website(s), any information provided therein, any offer(s) made by a third party affiliate, or any agreement between you and a third party affiliate. You agree that Extension Owner shall not be responsible for the enforcement of any obligations arising out of an agreement between you and any third-party website and shall not be compelled to mediate between the parties to any such contract. Further, you explicitly agree and accept that you will not make the Extension Owner a party to any court proceedings, lawsuit, investigations, audits or alternate dispute resolution mechanism deployed to resolve any and all points of contention between you and such third party affiliate websites. Services may contain links to the following third-party affiliate websites:
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. EXTENSION OWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, EXTENSION OWNER MAKES NO WARRANTY THAT THE EXTENSION OWNER’S SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT EXTENSION OWNER’S SERVICES WILL FREE OF ANY VIRUSES, TROJANS, WORMS, LOGIC BOMBS, OR OTHER MALICIOUS SOFTWARE, THAT THE RESULTS OBTAINED FROM THE USE OF THE EXTENSION OWNER’S SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE EXTENSION OWNER’S SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK ARISING OUT OF USE OF SERVICES REMAINS SOLELY WITH YOU.
EXTENSION OWNER DOES NOT WARRANT, GUARANTEE, ENDORSE OR TAKE RESPONSIBILITY FOR ANY GOODS OR SERVICES THAT MAY BE ADVERTISED BY OR LINKED TO A THIRD-PARTY WEBSITE FROM SERVICES. EXTENSION OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO SERVICES PROVIDED BY THIRD PARTIES.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXTENSION OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE EXTENSION OWNER’S SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL EXTENSION OWNER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EXTENSION OWNER, ITS ADVERTISING PARTNERS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Extension Owner may terminate your use of the Services and/or restrict your use of the Services, at any time for any or no reason. Extension Owner shall not be required to provide you with advance notice. You agree that the Extension Owner shall not be liable to you or any third-party for any termination of your access to the Services. The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability, and indemnification shall survive termination and are an integral part of the provisions of Services which would not have been undertaken if such limitation provisions did not apply.
Services contain software, graphics, photos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade dress, trade secrets, or other proprietary rights, owned by Extension Owner and/or third-parties. Therefore, all Content is copyrighted individually and/or as a collective work under the U.S. copyright laws; use of any such Content outside of the Services is strictly prohibited.
All trademarks appearing on the Services are trademarks of their respective owners. Our third-party providers may have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion without our express written permission. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, trade dress or service marks without our express prior written consent.
a. Extension Owner respects and expects its users to respect the rights of copyright holders. On notice, Extension Owner will act appropriately to remove content that infringes the copyright rights of others. Extension Owner reserves the right to disable the access to Services by anyone who repeatedly infringes the intellectual property rights of others. If you believe the Services, or elements, infringe your copyright rights, please contact Extension Owner at contact@freshquestventures.com
Please ensure your communication includes the following:
c. Objectionable Content. Extension Owner may also act to remove content at any time in its sole discretion which it finds to be objectionable including (i)content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous; (ii) content that advocates hate crimes, harm or violence against a person or group; content that is directed to or injurious of children; content that has the effect of harassing another; (iii) private information about any individual or an invasive of another's privacy; (iv) content that is vulgar, offensive, obscene or pornographic; (v) unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (vi) content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
c. No Intended Third-Party Beneficiaries. No third-party is an intended beneficiary of this agreement or the license granted herein.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
This Terms of Service document, and any dispute between you and the Extension Owner, shall be governed by the laws of the state of New York without regard to principles of conflicts of law. You agree that any suit, action or proceeding arising out of or based on this Terms of Service document shall be determined by a court of competent jurisdiction in the City of New York. Both parties agree to irrevocably submit to the non-exclusive jurisdiction of such courts for any suit, action or proceeding.
Extension Owner and you agree that Extension Owner and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to this Terms of Service or Services, or the handling of information collected by service provider, will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Extension Owner and you further agree that the Extension Owner and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to this Terms of Service (such as with respect to their validity or enforceability) or the Services.
This Class Action Waiver section will also apply to any claims asserted by you against any third-party provider present or future as well as their respective parent, subsidiary, or affiliated.
If any provision of this Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in this Terms of Service shall continue in full force and effect.
Any failure by Extension Owner to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
If you have any questions or concerns regarding the terms herein, please email the Extension Owner. Do not use the Extension(s) until your questions and concerns have been answered to your satisfaction and you agree to abide by this Terms of Service. Also, if you have any questions about our privacy practices, or wish to review, amend or delete any personal information we are storing, please contact us by email or postal mail as follows:
Fresh Quest
217 Centre St.
#233
New York, NY 10013
contact@freshquestventures.com