Terms & Conditions

DAILY FRESH DIST TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES
OFFERED BY DAILY FRESH DIST (DAILY FRESH). THESE TERMS OF USE SET FORTH
THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.DAILYFRESHDIST.COM (THE “SITE”) AND THE SERVICES, FEATURES AND CONTENT, OFFERED (COLLECTIVELY WITH THE SITE, THE “SERVICE”).

Acceptance of Terms.

By registering for and/or using the Service in any manner, including
but not limited to visiting or browsing the Site, you agree to all of
the terms and conditions contained herein (“Terms of Use”), which also
incorporate the Daily Fresh Privacy Policy, and all other operating
rules, policies and procedures that may be published from time to time
on the Site by Daily Fresh, each of which is incorporated by reference
and each of which may be updated by Daily Fresh from time to time
without notice to you in accordance with the terms set out under the
“Modification of Terms of Use” section below.

Forums

Our website may contain bulletin boards, chat rooms, Blogs or other
message or communication facilities (collectively, “Forums”). You agree
to use the Forums only to send and receive messages and material that
are proper and related to the particular Forum. By way of example, and
not as a limitation, you agree that when using a Forum, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;

Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
consents;

Upload files that contain viruses, corrupted files or any other
similar software or programs that may damage the operation of another’s
computer;

Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

Falsify the origin or source of software or other material contained in a file that is uploaded;

Download any file posted by another user of a Forum that you know, or
reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private
communications. You acknowledge that chats, postings, conferences and
other communications by other users are not endorsed by Daily Fresh its
subsidiaries, employees and affiliates, and such communications shall
not be considered reviewed, screened or approved by Daily Fresh. Daily
Fresh has the right but not the obligation to monitor and edit or remove
any activity or content posted on a Forum. Daily Fresh takes no
responsibility and assumes no liability for any content posted by you or
any third party. Daily Fresh reserves the right to deny in its sole
discretion any user access to Forums without notice.

Privacy

If Daily Fresh, or substantially all of its assets is acquired,
personal information will be one of the transferred assets, and by
accepting the terms of these Terms of Use, you agree that Daily Fresh
may transfer your personal information to the party acquiring Daily
Fresh or its assets.

We may use a feature of your Internet browser called a “cookie” to
assign a unique identification to your computer. Cookies are files that
your web browser places on your computer’s hard drive. They also save
you time by tracking your personal information so that you do not have
to re-enter this information upon every visit. We do not and cannot use
cookies to retrieve personal information about you from your computer
unless you knowingly provided such information. However, we have no
access to or control over these cookies.

This website contains links to other Sites. Please be aware that we
are not responsible for the privacy practices of such other Sites and
your visit to other Sites will be subject to terms of use and/or privacy
statements as provided by such other Sites. We encourage you to be
aware when you leave our site and to read the privacy statements of each
and every website that collects personally identifiable information.
This privacy policy applies solely to information collected by this
website.

Copyright and Trademark Notice

All screens appearing on this site including graphics, text elements,
site design, logos, images, and icons, as well as the selection,
assembly, and arrangement thereof, are the sole property of Daily Fresh,
Copyright © Daily Fresh Dist., or its suppliers, except where
specified. All rights not expressly granted herein are reserved. Except
as otherwise required by applicable law, any reproduction, distribution,
modification, retransmission or publication of any copyrighted material
is strictly prohibited without the express written consent of the
copyright owner.

Proprietary Rights

All materials on this site are the property of Daily Fresh Dist., its
subsidiaries and affiliates, used under license to Daily Fresh, or of
Daily Fresh, unless otherwise specified. Without Daily Fresh’s prior
written permission, you may not copy, reproduce, republish, upload,
post, transmit, modify, display or prepare derivative works based upon
the materials on this site, except that you may download one copy on one
computer for your personal, non-commercial use only, provided your do
not delete or change any copyright, trademark and other proprietary
notices. Modification of the materials or use of the materials for any
other purpose violates the owners’ copyright and other proprietary
rights. Note that any product or service referenced on this site may be
subject to other proprietary rights reserved by Daily Fresh and are not
licensed hereunder. All rights not expressly granted herein are
reserved.

Daily Fresh, the Daily Fresh logo, are trademarks of Daily Fresh in
the United States and/or other countries. All other trade names,
trademarks, logos, and service marks on the Site are the property of
their respective owners.

Intellectual Property Infringement Claims

It is Daily Fresh’s policy to respond expeditiously to any claims of
intellectual property infringement. Upon receipt of a notice of a
violation, Daily Fresh will take appropriate actions under the Digital
Millennium Copyright Act and other intellectual property laws. Such
action may include removing potentially infringing material from the any
Forum or disabling access or reference to linkages. If you believe your
work has been wrongfully used or copied, please send notice to:

Daily Fresh Ltd., P.O. Box 4305, Rio Rico, AZ 85648

Such notice should also contain:

Description of the work that you claim has been infringed;

Description where that work is located on the site;

Your address, telephone number and e-mail address;

Statement by you that you have a good faith belief that the disputed use is not authorized;

Statement by you under penalty of perjury that the above information
is accurate and that you are the owner of the intellectual property
interest or authorized to act on his or her behalf; and

Electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest.

Warranty Disclaimer.

Save to the extent required by law, Daily Fresh has no special
relationship with or fiduciary duty to you. You acknowledge that Daily
Fresh has no control over, and no duty to take any action regarding:
which users gains access to the Service; what Content you access via the
Service; what effects the Content may have on you; how you may
interpret or use the Content; or what actions you may take as a result
of having been exposed to the Content.

THE SITE, SERVICE, CONTENT AND LINKS ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY
COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

DAILY FRESH DIST, AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT
PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS
WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE
RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF
THE WEBSITE, SERVICES, CONTENT AND LINKS IS SOLELY AT YOUR OWN RISK.
SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711):
Daily Fresh makes no guaranty of confidentiality or privacy of any
communication or information transmitted on the Service or any website
linked to the Service. Daily Fresh will not be liable for the privacy of
email addresses, registration and identification information, disk
space, communications, confidential or trade-secret information, or any
other Content stored on Daily Fresh equipment, transmitted over networks
accessed by the Site, or otherwise connected with your use of the
Service.

Indemnification.

You shall defend, indemnify, and hold harmless Daily Fresh, its
affiliates and each of its, subsidiaries, affiliates, employees,
contractors, directors, suppliers and representatives from all losses,
costs, actions, claims, damages, expenses (including reasonable legal
costs) or liabilities, that arise from or relate to your use or misuse
of, or access to, the Site, Services, Content, or otherwise from
violation of these Terms of Use, or infringement by you, or any third
party using the your account, of any intellectual property or other
right of any person or entity (save to the extent that a court of
competent jurisdiction holds that such claim arose due to an act or
omission of Daily Fresh). Daily Fresh reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with Daily Fresh in asserting any available defenses.

Limitation of Liability.

ALL LIABILITY OF DAILY FRESH, ITS DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS
HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE
SITE, SERVICES, OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION
DETERMINES THAT LIABILITY OF DAILY FRESH, ITS DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUBSIDIARIES , PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL
BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL DAILY FRESH, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUBSIDIARIES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS,
BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY
OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT DAILY
FRESH, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES ,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE
CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE
SITE, SERVICE, OR CONTENT:

INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT
YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE
TERMS OF USE.

Dispute Resolution & Governing Law.

A printed version of these Terms of Use and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You and
Daily Fresh agree that any cause of action arising out of or related to
the Service must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.

The following arbitration and governing law provisions shall apply:

These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Arizona, excluding its conflicts of law
rules, and the United States of America. Any dispute arising from or
relating to the subject matter of these Terms of Use shall be finally
settled by arbitration in Rio Rico, Arizona, using the English language
in accordance with the Arbitration Rules and Procedures of JAMS then in
effect, by one commercial arbitrator with substantial experience in
resolving intellectual property and commercial contract disputes, who
shall be selected from the appropriate list of JAMS arbitrators in
accordance with the Arbitration Rules and Procedures of JAMS. The
prevailing party in any arbitration or other proceeding arising under
these Terms of Use shall be entitled to receive reimbursement of its
reasonable expenses (including reasonable attorneys’ fees, expert
witness fees and all other expenses) incurred in connection therewith.
Judgment upon the award so rendered may be entered in a court having
jurisdiction or application may be made to such court for judicial
acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to
institute an action in a court of proper jurisdiction for injunctive or
other equitable relief pending a final decision by the arbitrator. For
all purposes of these Terms of Use, the parties consent to exclusive
jurisdiction and venue in the United States Federal Courts or state
courts located in Rio Rico, Arizona. Use of the Service is not
authorized in any jurisdiction that does not give effect to all
provisions of these Terms of Use, including without limitation, this
section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Daily
Fresh with respect to the Services and use of the Site, Service or
Content, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and Daily
Fresh with respect to the Site. If any provision of these Terms of Use
is found to be unenforceable or invalid, that provision will be limited
or eliminated to the minimum extent necessary so that these Terms of Use
will otherwise remain in full force and effect and enforceable. The
failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms of Use.

Daily Fresh reserves the right, at its sole discretion, to modify or
replace any of these Terms of Use, or change, suspend, or discontinue
the Service (including without limitation, the availability of any
feature, database, or content) at any time by posting a notice on the
Site or by sending you notice through the Service or via email. Daily
Fresh may also impose limits on certain features and services or
restrict your access to parts or all of the Service without notice or
liability. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Service following
the posting of any changes to these Terms of Use constitutes acceptance
of those changes.

Last Updated April 1, 2012