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Terms of service

Overview

Welcome to FreshNeck. We are an online subscription service, providing our members with access to men’s accessories, including neckties, bow ties, pocket squares, and cufflinks. ("items"). We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service. These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use (along with the FAQ) when you have a question about the service or want to know how something works. For your convenience, we've indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your FreshNeck experience.

These Terms of Use provide that all disputes between you and FreshNeck will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with FreshNeck.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy, govern your use of the FreshNeck service, including all features and functionalities, our website and user interfaces, and all content and software associated therewith (the "FreshNeck service" or "service"). By using, visiting, or browsing the FreshNeck service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the FreshNeck service, including our website and user interfaces.

These Terms of Use govern your use of the FreshNeck service and you should read them carefully. The FreshNeck service is provided by FreshNeck, LLC, or one of its affiliated companies.

Changes to Terms of Use

FreshNeck reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the FreshNeck website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated.

Privacy and Communications Preferences

Any personally identifying information submitted through the FreshNeck service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, FreshNeck may send you newsletters about new FreshNeck features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

By using the FreshNeck service, you consent to receiving electronic communications from FreshNeck. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with FreshNeck and you receive them as part of the FreshNeck membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Membership and Billing

You can find the specific details regarding your membership with FreshNeck at anytime by visiting our website and clicking on the "My Profile" link.

Free Trials

Your FreshNeck membership may start with a free (or discounted) trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service. If you or another member of your household has been a FreshNeck member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a FreshNeck membership, you are not eligible to receive a free trial.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "My Profile" link. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, AND RETURN ALL CORRESPONDING ITEMS, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY PROFILE" LINK AT THE TOP OF ANY FreshNeck WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods. Also, to effectively cancel, you must return all items before the next billing period.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

Billing

By starting your FreshNeck membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the FreshNeck service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "My Profile" link to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your FreshNeck membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period, or unless you lose or damage your items. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Profile" link, available at the top of the pages of the FreshNeck website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your FreshNeck membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your FreshNeck membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on "Cancel Membership" on the "My Profile" page and follow the instructions for cancellation under the heading "Cancel Membership."

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

How Our Service Works

FreshNeck is an online subscription service providing its members with access to men’s accessories including, but not limited to, neckties, bow ties, pocket squares, and cufflinks.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

FreshNeck offers different membership plans, which may give or limit access to certain items. Additionally, a membership plan will determine the number of items that you may have at a time. To review or change your plan, click on the “My Profile” link.

For certain membership plans, with a certain number of free “exchanges”, unused exchange credits will rollover to your next period or otherwise accumulate. FreshNeck reserves the right to change this policy at any time.

Availability

The availability of items will change from time to time. FreshNeck does not guarantee availability of any of its items. Availability is based on a number of factors, including preferences of other users. FreshNeck reserves the right ot process orders and otherwise allocate and ship items among our members in any manner that we determine, in our sole and absolute discretion. As a result of the operational practices described in this section, we may not always send you the top choices from your Online Closet, ship our your next item on the same day that we receive one from you, or process orders from your local distribution center.

Geographic Limitation

FreshNeck will only ship to the United States. FreshNeck will NOT ship to P.O. Box.

Delivery

FreshNeck utilizes the United States Postal Service to send and receive items you have selected to receive. FreshNeck does not guarantee delivery times, and said delivery times will very based on a number of factors, including location. FreshNeck delivers and receives from its office in New York, New York.

Holding Period

Provided you continue to be a paying member of the FreshNeck service, you may keep the items delivered to you as long as you like. There are no due dates or late fees. However, items must be returned for a Cancellation to be effective.

You hereby authorize FreshNeck to charge your Payment Method for any lost item(s). The price that you will be charged for lost items, is listed next to each item in both the “The Collection” and “My Closet” Pages. These are the same prices for a Purchase.

Damaged Items

You are responsible for returning items in the same condition received. While natural wear and tear, along with minor stains, will be included in your membership, major stains are not covered in any manner. FreshNeck reserves the right to charge you for damage to items, up to the listed price of the item. The determination of damage, and the corresponding charge, is at the sole discretion of FreshNeck.

Lost Items

You are responsible for returning all items. Lost items shall result in the customer being charged the listed price, similar to a purchase. Lost Items shall be reported either through the website, or by sending an email to info@freshneck.com. Once a lost item is processed, the next item in your queue will be sent out to you. If a lost item is found within a reasonable time, it may be returned and a credit will be given. What constitutes a reasonable time will be determined at the sole discretion of FreshNeck.

Purchases

As a FreshNeck member, you have the option to purchase items that are already in your possession. Given that the merchandise is used, and already in your possession, all sales are final, and no refunds or credit will be given.

Passwords

The member who created the FreshNeck account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the FreshNeck account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting FreshNeck Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. BY SHARING THE FreshNeck SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the FreshNeck service. These Applications may import data related to your FreshNeck account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and FreshNeck is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY FreshNeck AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use FreshNeck trademarks. Unless otherwise noted by FreshNeck on the FreshNeck website, FreshNeck is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your FreshNeck account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your FreshNeck account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if FreshNeck has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold FreshNeck harmless for the sharing of information relating to your FreshNeck account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your FreshNeck account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your FreshNeck account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not FreshNeck, unless otherwise indicated by FreshNeck. FreshNeck DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the FreshNeck service, FreshNeck implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the FreshNeck service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your FreshNeck ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you fail to log out, subsequent users may access the FreshNeck service through your account and may be able to access certain of your account information.

If you find that you're a victim of identity theft and it involves a FreshNeck account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the FreshNeck website and not through a hyperlink in an email or any other electronic communication, even if it looks official. FreshNeck reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. FreshNeck is not obligated to credit or discount a membership for holds placed on the account by either a representative of FreshNeck or by the automated processes of FreshNeck.

Disclaimers of Warranties and Limitations on Liability

THE FreshNeck SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FreshNeck SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE FreshNeck SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. FreshNeck DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FreshNeck SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FreshNeck MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE FreshNeck SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. FreshNeck SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND FreshNeck SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the FreshNeck service or on the FreshNeck website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the FreshNeck service and/or website or user interfaces, (iv) delivery and or display of any content contained on the FreshNeck website, user interfaces, or otherwise through the FreshNeck service; and (vii) any losses or damages arising from the use of the content provided on the FreshNeck website, user interfaces, or otherwise through the FreshNeck service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the FreshNeck service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the FreshNeck service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon FreshNeck or its affiliated parties.

IN NO EVENT SHALL FreshNeck, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FreshNeck SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE FreshNeck SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE FreshNeck SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.

Intellectual Property

Copyright

The FreshNeck service, including all content included on the FreshNeck website and user interfaces, or delivered to members as part of the service, including, but not limited to, neckwear, pocket squares, cufflinks, other accessories, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of FreshNeck or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by FreshNeck on our website and user interfaces, or in connection with the FreshNeck service are the exclusive property of FreshNeck and its licensors and are protected by the copyright and trade secret laws in the territories in which the FreshNeck service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from FreshNeck or its licensors. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the FreshNeck service, not to insert any code or product or manipulate the content of the FreshNeck service in any way, and not to use any data mining, data gathering or extraction method. FreshNeck reserves the right to terminate your membership hereunder if FreshNeck, in its sole and absolute discretion, believes that you are in violation of FreshNeck software restrictions, or other unauthorized copying or use of our proprietary content in violation of the copyrights of FreshNeck and its licensors. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the FreshNeck service, including any on the FreshNeck website and user interfaces.

Trademarks

FreshNeck is a registered trademark of FreshNeck, LLC. The FreshNeck logo, the website FreshNeck.com, and the slogan “Choose. Wear. Exchange.” are trademarks or service marks of FreshNeck. The FreshNeck website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of FreshNeck, Inc. The trademarks, service marks and trade dress of FreshNeck may not be used or reproduced without prior written approval from FreshNeck and may not be used in connection with any product or service that is not affiliated with FreshNeck, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of FreshNeck, or in any manner that disparages or discredits FreshNeck. Other trademarks that appear on the FreshNeck website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FreshNeck. Any images of persons or personalities contained on the FreshNeck website and user interfaces are not an indication or endorsement of FreshNeck or any particular product or our service unless otherwise indicated.

Use of Information Submitted

FreshNeck is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the FreshNeck service, including the FreshNeck website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FreshNeck service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note FreshNeck does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FreshNeck. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FreshNeck and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions,features, availability of items, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Limitations on Use

You must be 18 years of age or older to become a member of the FreshNeck service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. The FreshNeck service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian.

Links and Pages

Some of the hyperlinks on the FreshNeck website may lead to other websites or other content that are not controlled by, or affiliated with, FreshNeck. In addition, other websites may link to the FreshNeck website or FreshNeck may include links to the websites of businesses, including those that have associations with us through certain programs. These pages may provide links to third party sites where FreshNeck members may obtain or purchase such Applications or Products. FreshNeck has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that FreshNeck is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and Products. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled "Applications" and "How Our Service Work."

Gifts & Promotions

We may offer Gift Subscriptions for purchase. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift It" page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the "Gift Subscription Redemption" page.

Promotional codes may be redeemed on our website on the Sign Up page. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. A valid Payment Method may be required when you redeem the promotion code; however, you will not be charged a membership fee during your complimentary membership period. FreshNeck will begin to bill your Payment Method for membership plan you are on at the end of your complimentary membership period unless you cancel prior to the end of that period. If you are already a FreshNeck member, you may be able to apply the value of the promotion code toward your existing FreshNeck monthly membership. If you received a promotion code through an offer by a third party, additional restrictions may apply. You will still be responsible for any lost or damaged items. FreshNeck reserves the right to bill your Payment Method for up to the list price of said items.

Claims of Copyright Infringement

It is the policy of FreshNeck to respect the intellectual property rights of others. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the FreshNeck service, please notify us either at info@freshneck.com or at the address listed below.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and FreshNeck agree that any dispute, claim or controversy arising out of or relating in any way to the FreshNeck service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FreshNeck are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your FreshNeck membership.

If you elect to seek arbitration, you must first send to FreshNeck, by certified mail, a written Notice of your claim ("Notice"). The Notice to FreshNeck should be addressed to: FreshNeck,LLC, 1 Little West 12th Street, New York, NY 10014 ("Notice Address"). If FreshNeck elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by FreshNeck, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FreshNeck and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FreshNeck may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FreshNeck or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

YOU AND FreshNeck AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FreshNeck agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Effective Date:

August 15, 2012