Introduction
Welcome to the Fresh Miles™ website. This website (“Website”) and the products, services, and information (“Services”) contained herein are owned by Salt Creek Analytics (“SCA”). SCA is happy for you to take advantage of the Services we have to offer but ask that you first read, understand, and agree to the Terms of Use below.
Acceptance of Terms
Your use of the Website or Services indicates that your have read, understand, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
Use by Children
SCA does not market its Services to children and the Website and Services are not intended to be used by children. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND SERVICES IN ANY WAY.
Use of Website and Services
You are granted permission to use this Website and Services on an “as is” and “as available” basis as long as your use conforms to the following:
• Your use will not involve any activities that are illegal or contrary to these Terms of Use
• Your use is limited to your own personal, non-commercial use
• Your use will in no way interfere with the proper operation of the Website and Services
• Your use will in no way interfere with use of the Website or Services by other persons
• Any information or communications you provide through the Website or Services will be truthful and not threatening, harassing, obscene, defamatory, or otherwise objectionable to SCA or other users
• You will not attempt to circumvent any security features of the Website or Services
Privacy
The privacy of your personal information is important to us. We have created a separate Privacy Policy document that describes in detail the personal information we collect and how we use it. The Privacy Policy document is incorporated into these Terms of Use by reference.
Intellectual Property
Unless otherwise noted, all content contained on the Website or Services is owned by SCA and is subject to trademark, copyright or patent laws. SCA reserves all rights to the trademarks, copyrights, and patents (“Intellectual Property”) that it owns and are part of the Website and Services. You agree not to copy, modify, display, perform, license, sell, offer for sale, distribute, transfer, or create derivative works of the Intellectual Property that are part of the Website and Services without obtaining prior written consent from SCA.
Third Party Links and Content
SCA may provide links or content that are the property of third parties. These third party links or content are provided for your convenience and are not controlled by SCA and will have their own terms of use and privacy policies. You should read and understand the terms of use and privacy policies of these third parties before taking advantage of their services. You agree that SCA will not be liable for your use of these third party links or content.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SCA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SCA DOES NOT WARRANT THAT THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR FREE OR THAT ANY PERCEIVED DEFICIENCIES WILL BE CORRECTED. SCA DOES NOT WARRANT THAT THIS WEBSITE AND SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL EFFECTS.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SCA, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND ASSOCIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES. SCA’S LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO SCA.
Indemnification
You agree to indemnify and hold SCA, its officers, employees, contractors, agents, and associates harmless from any claims, damages, liability, or expenses (including attorney’s fees) made against SCA by a third party arising from your use of this Website and Services.
About This Agreement
SCA may modify or add to this Terms of Use agreement at any time by posting the updated agreement to the Website. You agree that your continued use of the Website and Services will be subject to any updated agreement that is in effect at the time of use. If you continue to use the Website and Services, you should periodically check this Terms of Use agreement for updates.
This Terms of Use agreement shall be governed by the laws of the the State of California without regard to its conflict of laws provisions. Any dispute or cause of action arising out of this agreement will be brought exclusively before the federal or state courts located in Orange County, California. You and SCA agree that they are subject to the personal jurisdiction of these courts.
Last updated: August 10, 2014