3. Access to the FreshGoGo Service
You acknowledge and hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You further acknowledge and agree to comply with all laws applicable to your activities on the FreshGoGo Platform and with the terms of this Agreement.
You accept and agree that it is your sole responsibility to obtain all necessary equipment and services (including, but not be limited to all data, telephone and other charges) to access the FreshGoGo Service and the Platform.
4. Accounts, Passwords and Security
To use the FreshGoGo Service or the Platform, you are required to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify FreshGoGo immediately of any unauthorized use of your account or password, or any other breach of security. FreshGoGo reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
5. Use Restrictions
You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of FreshGoGo, including any FreshGoGo account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
6. FreshGoGo Service Interruptions
You acknowledge that from occasionally the FreshGoGo Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) periodic maintenance procedures or repairs; (ii) equipment malfunctions; or (iii) causes beyond the reasonable control of FreshGoGo.
7. Promotions and Promotional Codes
FRESHGOGO DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. YOU EXPRESSLY AGREE THAT USE OF THE FRESHGOGO SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FRESHGOGO SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, FRESHGOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FRESHGOGO SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FRESHGOGO SERVICE; FRESHGOGO DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FRESHGOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE FRESHGOGO SERVICES. FRESHGOGO DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
EXCEPT WHERE PROHIBITE BY LAW, IN NO EVENT SHALL FRESHGOGO, ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FRESHGOGO PARTIES") BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE FRESHGOGO SERVICE, OR THE INTERNET. FRESHGOGO'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FRESHGOGO SERVICE AND THE PLATFORM AND TO TERMINATE THIS AGREEMENT. FRESHGOGO RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.
11. Void Where Prohibited
12. Applicable Laws
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with FreshGoGo or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving FreshGoGo Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. You and FreshGoGo agree that, by entering into this agreement, you and FreshGoGo are waiving the right to a trial by jury.
13. Severability and Non-Waiver
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
14. Entire Agreement
15. Feedback and Information
Any feedback you provide at this site or to FreshGoGo shall be deemed to be non-confidential. FreshGoGo shall be free to use such information on an unrestricted basis.